6*  O^r^ 


^i 


»  L  IF  E 


OF 


MAXIMILIAN   I, 

LATE   EMPEROR   OF   MEXICO, 


WITH    A    SKETCH    OF 


THE    EMPRESS    CABLOTA. 


BY 

FEEDEEIC  HALL, 

ONE  OP  Hie  MAJESTY'S   LEGAL  ADVISERS. 


'Fiat  .iitftituuizua.t  codum."1 
j 


PUBLISHED   BY   JAMES   MILLER, 

522    BROADWAY. 

1868. 


REESE 

cC 


Entered  according  to  act  of  Congress,  in  the  year  1S(>8, 

BY  FREDERIC  HALL, 

In  the  Clerk's  Office  of  the  District  Court  of  the  United  States  for  the 
Southern  District  of  New  York. 


PREFACE. 


great  events  of  the  last  half  of  the  Nineteenth 
Century  will  stand  out  like  embossed  inscriptions 
on  the  pages  of  American  history,  all  crimsoned  with 
the  blood  of  the  murdered.  And  the  advancing  waves 

£3 

of  Time  will  not  efface  them,  nor  the  names  of  those 
who  prominently  figured  therein.  President  Lincoln 
was  the  victim  of  the  one,  and  Ferdinand  Maximilian 
of  the  other.  The  essential  difference  characterizing 

C> 

the  two  is,  that  the  tragedy  of  the  latter  followed  a 
judicial  farce,  and  was  performed  by  a  Nation,  while 
that  of  the  former,  unaccompanied  by  a  farcical  show, 
was  perpetrated  by  a  private  individual. 

The  trial  and  execution  of  an  Emperor  are  not  of  so 
frequent  occurrence  as  not  to  produce  excitement,  and 
attract  attention  all  over  the  civilized  world.  The  his 
tory  of  such  events,  and  of  the  life  of  him  who  formed 
the  great  subject  thereof,  cannot  fail  to  be  observed 
with  more  than  ordinary  interest,  although  recorded  in 
a  homely  style. 

The  meeting  in  that  tragical  scene  of  Republicanism 


4  PREFACE. 

and  Imperialism  will  somewhat  heighten  the  desire  to 
scan  with  a  piercing  eye,  to  probe  to  the  bottom  the 
feelings,  the  passions,  the  seething  hate,  that  actuated 
and  governed  the  whole  act. 

I  have  endeavored  to  portray  succinctly,  in  the  first 
chapter,  a  history  of  the  leading  events  which  mark  the 
Austrian  nation  and  the  House  of  Hapsburg,  that  the 
reader  may  carry  in  his  mind  that  picture  of  the  past, 
while  he  surveys  the  portrait  of  one  of  the  late  descend 
ants  of  that  ancient  line  of  Imperialism. 

It  has  not  been  my  purpose  to  give  a  history  of  the 
Mexican  Empire  during  the  reign  of  Maximilian,  but  to 
detail  his  personal  qualities  and  actions;  and  to  con 
cisely  state  the  facts  and  law  pertaining  to  his  trial ; 
adding  thereto  a  short  biographical  sketch  of  his  affec 
tionate  and  talented  spouse,  the  Empress  Carlota. 

The  biography  of  a  ruler  necessarily  includes  many 
important  facts  that  peculiarly  belong  to  the  historical 
records  of  his  nation.  But  the  main  subject  of  the  one 
excludes  the  bulk  of  the  other. 

It  has  not  unfrequently  been  observed  that  the  biog 
raphies  of  Sovereigns  and  Statesmen  usually  contain 
too  much  of  State  documents  to  interest  the  general 
reader,  and  not  sufficient  of  the  minutia3  of  their  private 
life.  In  other  words,  the  majority  of  the  reading  com 
munity  wish  to  see  the  person  live,  as  it  were.  I  have 
sought  to  weave  both  herein.  The  most  of  the  docu- 


PREFACE.  5 

mentary  statements  are  contained  in  the  chapter  which 
relates  to  the  trial  of  the  Emperor ;  and  in  this  instance 
will  perhaps  be,  to  many,  the  most  interesting  portion 
of  the  work,  particularly  to  those  of  the  legal  profession, 
and  to  statesmen. 

I  gathered  my  materials  and  nearly  completed  the 
work  while  in  Mexico,  and  was  most  diligent  in  my 
exertions  to  collect  facts.  And  the  task  of  sifting  the 
truth  from  the  many  false  rumors,  in  my  researches, 
wras  not  an  easy  one.  The  variety  of  statements  placed 
in  circulation  during  battles  and  sieges  is  great;  and 
many  incorrect  and  improbable  stories  are  related  by 
honest  persons,  believing  them  to  be  authenticated 
facts.  Those  who  have  observed  criminal  proceedings 
in  a  court  of  justice,  and  have  heard  half  a  dozen  or 
more  witnesses  relate  their  conflicting  stories  as  to  what 
occurred  at  the  time  of  the  committing  of  the  alleged 
crimes,  will  readily  understand  all  this.  Scarcely  any 
two  individuals  hear  or  see  alike  all  of  the  actions  and 
sayings  in  a  conflict  of  arms  between  either  small  or 
large  forces. 

I  trust  I  shall  not  be  charged  with  either  vanity  or 
egotism  in  recording  the  many  brief  conversations  be 
tween  His  Majesty  and  myself.  To  most  persons,  the 
exact  expressions  of  an  emperor,  under  the  circum 
stances  in  which  I  met  Maximilian,  are  fraught  with 
greater  interest  than  the  chronicle  of  events  wrhich 


6  PREFACE. 

transpired  while  he  swayed  with  full  power  on  the  im 
perial  throne. 

What  I  have  written  in  regard  to  the  relative  value 
and  progress  of  the  Empire  and  Republic  of  Mexico, 
has  not  been  prompted  by  any  tincture  of  taste  for 
Imperialism,  nor  by  any  personal  enmity  to  the  Presi 
dent  or  Cabinet  of  the  Republic,  with  whom  I  have  had 
none  but  amicable  relations. 

The  engraving  of  the  place  where  the  execution  of 
the  Emperor  occurred  is  taken  from  an  excellent  draw 
ing  made  for  me  by  my  friend,  Mr.  JOHN  M.  PKICE,  an 
English  gentleman,  and  engineer  on  the  Yera  Cruz 
Railroad.  It  is  a  far  better  view  than  any  photograph 
ever  taken  of  that  ground.  None  were  taken  at  the 
very  time  of  the  execution. 

If  I  have  failed  to  embalm  the  name  of  that  good 
man,  MAXIMILIAN,  in  a  pleasant  style,  I  hope  that  the 
value  and  interest  found  in  the  materials  of  this  work 
wdll  compensate  for  the  poverty  of  their  dress. 

FREDERIC  HALL. 

RUTLAND,  Vt.,  December,  1867. 


MAXIMILIAN 


CHAPTER  I. 

Austria  —  Her  accessions—  House  of  Hapsburg  —  Its  origin  —  Descendants 
thereof, 


we  count  backward  the  notches  on  the  long 
measure  of  Time,  for  ten  centuries,  and  by  a  magic 
wand  bring  up  the  then  living  from  their  subterraneous 
dwellings,  in  a  certain  part  of  the  territory  watered  by 
the  Danube,  the  ear  would  catch  the  sound  of  Oest-reich 
(east  country),  as  the  appellation  of  Austria.  That  ter 
ritory  was  the  nucleus  around  which,  subsequently,  has 
been  formed  the  great  Austrian  empire. 

If  we  carefully  view  that  empire  through  the  long 
vista  of  ages,  we  shall  not  fail  to  observe  that  its  polit 
ical  and  territorial  phases  have  been  more  diverse  than 
the  number  of  the  centuries. 

If  we  now  examine  it  in  a  geographical,  ethnographi 
cal,  and  linguistic  point  of  view,  we  shall  consider  it  a 
curious  piece  of  Mosaic  work.  It  has  been  observed 
that  the  ethnographical  map  of  Austria  exhibits  one 
hundred  and  twenty  different  groups  of  nationalities, 
and  the  number  of  linguistic  groups  nearly  two  thou 
sand.  It  suggests  itself  to  one's  mind  that  the  workers 


8  MAXIMILIAN. 

on  the  Tower  of  Babel  might  have  settled  there.  If,  by 
a  vote  of  those  different  races,  the  pieces  of  that  artistic 
work  could  be  disunited,  what  great  political  artist 
would  be  able  to  replace  them  ? 

If  the  diversified  lands  of  that  empire  have  long  been 
illuminated  by  the  gladsome  light  of  peace,  they,  too, 
have  had  their  share  of  the  blazing  light  of  camp-fires. 
And  s s  their,  mighty  hosts  clashed  the  glittering  steel, 
they  ,cuunld:rfeitecl  the  stars  of  heaven. 

^.If^e  glance,  at  tlje  variations  made  by  the  finger  of 
'Time,  as  it  has 'traced  the  exterior  lines  of  that  empire, 
we  shall  see  that  it  has  been  as  meandering  in  its  course 
as  the  winding  Amazon. 

As  we  review  the  history  of  Austria,  in  all  its  points, 
we  shall  be  unmistakably  impressed  with  the  fact,  that, 
with  its  governing  power,  there  has  been  talent,  genius, 
great  foresight,  and  indomitable  will.  And  if  its  rulers 
have  given  value  and  importance  to  things  according  to 
their  dimensions,  it  is  only  what  political  history  will 
attribute  to  every  other  powerful  nation.  The  charge 
of  the  aggrandizement  of  territory  would  bring  more 
than  Austria  into  the  culprit's  box.  And  if  the  culprits 
were  to  be  tried  in  the  order  of  the  magnitude  of  their 
crimes,  Austria  might  not  be  first  upon  the  list. 

If,  among  the  various  groups  of  her  subjects,  and  the 
diversity  of  their  interests,  there  has  been  much  com 
plaining  against  the  throne,  the  same  has  been  witnessed 
by  every  other  nation,  at  different  periods,  although  the 
cause  of  the  one  may  not  have  been  that  of  the  others. 
Still  some  cause  has  existed,  in  the  estimation  of  the  mal 
contents,  for  the  complaint. 

During  a  long  period  of  time,  the  dukes  of  Austria 
sprang  from  the  House  of  Bamberg.  The  governors  of 
Austria  received  the  title  of  dukes  in  the  12th  century. 
Death,  that  never-failing  visitor,  at  his  appointed  time 
walked  in,  and  drew  a  notable  mark  on  the  family 


MAXIMILIAN. 

record  of  that  house,  in  the  year  A.  D.  1246.  That  visitor 
then  carried  away  the  last  of  the  male  line  thereof. 
Soon  thereafter  the  main  study  of  the  inhabitants  of 
that  empire  was  skill  in  the  use  of  the  sword,  the  battle- 
axe,  and  the  spear.  There  was  a  long  struggle  with  the 
contending  elements  of  war.  The  times,  the  circum 
stances,  did  not  fail  to  present  a  man  of  powerful  mind, 
a  leader  of  men,  who  shaped  events  according  to  his 
will.  That  man  was  RUDOLPH  OF  HAPSBUKG,  Emperor 
of  Germany,  who  was  born  in  1218,  and  son  of  Albert 
IV.,  Count  of  Hapsburg. 

He  placed  his  son  Albert  upon  the  throne  of  Austria, 
in  the  year  1282.  Thus  dates  the  beginning  of  that 
illustrious  House  of  Hapsburg,  as  connected  with  Austria, 
which  has  so  long,  so  powerfully,  and  so  successfully 
swayed  the  destinies  of  a  vast  portion  of  Europe ;  al 
though,  as  has  been  observed,  not  without  its  terrible 
struggles,  its  alternate  losses  and  gains. 

As  the  years  rolled  on,  the  circle  of  its  territorial  ju 
risdiction  extended  wider  and  wider,  by  the  force  of  mar 
riage,  purchase,  and  inheritance,  until  its  superficial  area 
had  expanded  far  beyond  that  of  any  other  State  in  the 
German  Empire.  This  vast  accession  of  territory  neces 
sarily  elevated  the  rank  of  its  sovereign  head.  Rodolph 
IV.  assumed  the  title  of  Archduke  Palatine  in  1359; 
and  he  further  marks  his  reign  by  the  acquisition  of 
Tyrol,  in  1363.  To  the  Archdukes  thereof  was  allotted 
the  high  position  of  Emperor  of  the  mighty  Germanic 
Empire.  As  we  trace  back  its  history,  we  observe  that 
on  the  list  of  emperors  taken  from  among  those  Arch 
dukes,  the  first  was  Alfred  II.,  who  acknowledged  tho 
receipt  of  that  imperial  crown  in  the  year  1438. 

The  holy  link  of  matrimony  that  united  the  exceed 
ingly  ambitious  Maximilian  I,  at  the  age  of  eighteen, 
to  Mary,  daughter  of  Charles  the  Bold,  Duke  of  Bur 
gundy,  in  1477,  became  as  it  were  an  extension  of 


MAXIMILIAN1. 

Austria's  territorial  chain,  which  enclosed  Flanders, 
Tranche  Conte,  and  all  the  Low  Countries.  Likewise  the 
ceremony  of  marriage  of  Ferdinand  I.  with  Ann,  sister 
of  Louis,  King  of  Hungary  and  Bohemia,  in  1521,  was 
but  the  seed  sown  for  another  national  harvest  for 
Austria.  That  harvest  became  effectual  on  the  death 
of  the  said  king,  which  event  transpired  at  the  battle  of 
Mohaez,  in  the  year  A.  D.  1526;  when  Ferdinand  gath 
ered  the  two  latter  kingdoms  into  the  great  storehouse 
of  his  empire. 

Upon  the  history  of  the  sixteenth  century,  the  bold, 
the  enterprising,  and  ambitious  Charles  V.  left  his  mark 
indelibly  stamped.  His  own  ambitious  designs  roused 
up  the  internal  vigor  of  other  nations  more  than  the  in 
fluence  of  any  other  sovereign  head  in  Europe.  His 
success  was  startling,  and  viewed  with  jealousy.  The 
acquisitions  of  Austria,  in  his  day,  were  unequalled  by 
those  of  any  other  power.  He  was  the  great  captain  of 
the  age,  in  whom  was  embodied  the  advancing  spirit  of 
the  times.  He  was  the  ruler  of  half  the  world.  He 
was  the  great  shining  light  among  crowned  heads,  and 
he  shed  his  lustre  on  the  surrounding  kingdoms.  His 
knowledge  of  men  was  remarkable.  He  adapted  their 
talents  and  abilities  to  their  proper  sphere,  as  rcnrlilv 
and  as  appropriately  as  a  joiner  fits  his  various  pieces  of 
work  together. 

He  was  born  at  Ghent,  on  the  24th  day  of  February, 
in  the  year  1500.  He  was  the  son  of  Philip  the  Hand 
some,  Archduke  of  Austria,  and  grandson  of  Maximilian 
and  Mary, — the  latter  being  the  only  child  of  Charles 
the  Bold. 

The  blood  of  Charles  Y.  trickled  down  through  the 
veins  of  the  late  Maximilian,  Emperor  of  Mexico,  who 
was  not  the  only  Maximilian  that  suffered  imprisonment. 
The  grandfather  of  Charles  V.  attempted,  with  an  in 
adequate  force,  to  take  the  city  of  Bruges,  in  1488;  the 


MAXIMILIAN.  1  1 

result  of  which  was,  that  he  became  imprisoned,  but 
afterward  favored  with  his  liberty  by  giving  hostages 
for  his  fidelity. 

The  increasing  fear  of  other  European  States,  occa 
sioned  by  the  territorial  aggrandizement  of  Austria  and 
the  feuds  between  Protestants  and  Catholics,  produced  the 
Thirty  Years'  War,  that  commenced  in  1 6 1 8.  The  result 
of  its  termination  was  the  treaty  of  Westphalia,  in  1648, 
which  secured  the  independence  of  the  German  States. 

By  the  treaty  of  Utrecht,  Austria  gained  the  Italian 
provinces,  in  1713. 

The  power,  the  wealth,  the  lustre  of  Austria  could 
not  protect  its  crowned  heads  from  that  fate  which  is  re 
served  for  all  mortals.  The  last  of  the  male  line  of  the 
House  of  Hapsburg  answered  the  summons  from  the 
grave,  in  the  year  A.  D.  1720.  That  summons  was 
served  on  Charles  II.  In  consequence  thereof  the  suc 
cession  to  that  throne  fell  to  his  daughter  Maria  Theresa, 
who  was  succeeded  by  her  son,  Joseph  II. 

Francis  II.,  at  the  age  of  24,  became  Emperor  of  Ger 
many,  King  of  Bohemia,  Hungary,  etc.,  having  succeeded 
his  father,  Leopold  II.,  in  1792.  Some  of  his  claims  and 
pretensions  were  contested,  and  the  field  of  battle  be 
came  the  forum  of  trial  and  decision.  After  three  un 
successful  campaigns,  at  different  periods,  against  the 
French,  he  lost  much  of  his  territory.  The  decision 
thereon,  made  by  the  sword,  was  registered  by  the  pen, 
in  the  treaty  of  Presburg.  In  1804,  he  assumed  the 
title  of  Francis  I.,  Emperor  of  Austria;  and  in  1806 
yielded  up  that  of  Emperor  of  Germany.  Thus,  through 
an  unbroken  line,  male  and  female,  did  the  House  of 
Hapsburg  hold  the  dignity  of  the  title  of  Emperor  ot 
Germany  from  1437  until  1806,  when  the  dissolution 
of  that  great  Germanic  empire  was  recorded  as  an  his 
torical  fact. 

Francis  doubtless  thought  that  he  had  taken  out  a 


12  MAXIMILIAN. 

policy  of  insurance  when  he  gave  the  hand  of  his  daugh 
ter,  Maria  Louisa,  to  Napoleon  I.  in  1810.  But  the 
premium  paid  produced  no  security.  Francis  found  it 
necessary  to  array  himself  against  his  son-in-law,  in  1813, 
on  account  of  the  unbounded  ambition  of  the  latter.  He 
united  with  Russia  and  Prussia,  entered  the  field  him 
self  against  France,  and  there  remained  with  his  forces 
until  peace.  The  darkness  which  then  overhung  Europe, 
was  only  dispelled  by  the  glimmering  light  of  the  sword ; 
and  the  gleaming  thereof  guided  the  pen  that  recorded 
the  treaty  of  1815.  By  which  treaty,  not  only  did  Fran 
cis  I.  regain  the  greater  part  of  his  lost  territory,  but 
cemented  firmer  than  ever  the  contending  elements  of 
the  Austrian  Empire. 

Francis  I.  died  in  1835,  leaving  the  throne  to  his  son 
Ferdinand  I.,  who,  in  consequence  of  the  political  revo 
lution  in  1848,  the  fatigue  of  State  affairs,  added  to  an 
enfeebled  state  of  health,  decided  to  abdicate,  at  Olmutz, 
the  2d  of  December  of  that  year,  in  favor  of  his  brother, 
Archduke  Francis  Charles ;  who  on  the  same  day  trans 
ferred  his  right  to  that  throne  to  his  eldest  son,  who 

/  .     was  declared  to  be  of  the  age  of  majority  at  18,  and 
/  who  is   the   present  Emperor  of  Austria.     The  storm 
f    then  gathering  over  the  house  of  Hapsburg  was  threat 
ening,  and  augured  danger.     Hungary  refused  to  recog- 

*l  nize  the  new  monarch,  and  constituted  a  Republic, 
under  Kossuth,  April  14th,  1849,  which  was  short  in  its 
duration.  By  August,  the  superior  force  of  Austria 
U  became  victorious,  and  Hungary  a  conquered  province. 
Fickle-handed  Fortune  w^as  not  more  constant  to  Austria 
than  to  others.  The  Empire  has  lost  beautiful  Venice — 
the  territory  over  which  His  Majesty  Maximilian  gov 
erned  a  short  period,  with  leniency,  receiving  on  his  de 
parture  evidence  of  affection  and  regret  on  the  part  of 
the  subjects  therein. 

Such  is  a  brief  outline  of  some  of  the  noted  changes 


MAXIMILIAN.  13 

and  conditions  of  the  Austrian  Empire  and  its  rulers, 
during  a  long  period  of  centuries.  This  roll  of  Austrian 
history  we  will  here  tie  up. 

The  foregoing  has  been  written  that  the  mind  of  the 
reader  may  be  refreshened  by  a  glance  at  some  of  the 
prominent  characteristic  features  of  the  history  of  that 
country  and  family  whence  sprang  the  main  subject  of 
this  work. 

If  it  may  sometimes  be  said  that,  among  the  numerous 
streams  that  flow  from  the  same  pure  source,  some, 
whose  waters  are  not  limpid,  may  be  discerned,  it  can 
not  thus  be  stated  of  that  branch  of  the  Hapsburg  foun 
tain  which  wound  its  way  into  the  North  American 
Continent.  That  branch  has  dried  up.  The  drying  up 
thereof  caused  millions  of  human  tears  to  gush  forth. 
But  whilst  it  ran  it  was  crystal  clear,  and  beneath  its 
radiant  surface  were  seen  the  shining  pebbles  of  Truth, 
Honor,  Justice,  and  Charity. 

Let  us  drop  the  curtain  over  long-past  events,  and 
bring  up  in  review  scenes  of  a  nearer  date. 


CHAPTER    II. 


Maximilian—His  birth—  Family—  Imperial  robe—  Personal  description—  Edu 
cation—  Travels—Marriage—  Letter  from  Estrada  to  Maximilian,  1861— 
His  reply  —  Farewell  of  Trieste  to  Maximilian  —  His  answer. 

"  His  life  was  gentle  ;  and  the  elements 
So  mixed  in  him,  that  Nature  might  stand  up, 
And  say  to  all  the  world,  This  was  a  man  /" 

SHAKSPEARE  —  J.  CL«SAn 


MAXIMILIAN,  late  Emperor  of 
-1-  Mexico,  who  could  trace  a  blood  connection  for 
nearly  six  centuries  with  the  ruling  monarchs  of  Austria, 
and  who  at  an  early  period  of  life  made  the  last  move 
on  the  great  chessboard  of  nations,  has  been  the  subject 
of  much  thought  and  the  topic  of  much  conversation. 
Alas  !  to  many,  the  subject  of  sad  thoughts,  in  mournful 
silence. 

It  may  be  said  that  leaving  the  ancient  grounds  of 
Imperialism,  to  found  a  new  dynasty  in  the  New  World, 
while  the  tide  of  Republicanism  was  rolling  up  to  the 
confines  of  the  American  Continent,  was  a  great  error 
into  which  he  fell  ;  but  if  so,  it  was  an  error  of  the  head 
and  not  of  the  heart. 

Whatever  may  be  the  odium  which  some  of  the  in 
habitants  within  his  new  territorial  sphere  may  have 
heaped  upon  him,  it  cannot  dim  the  lustre  in  which  his 
name  will  appear,  not  only  to  thousands  of  Mexicans, 
but  to  the  candid  people  of  every  other  nation.  His 
character,  like  that  of  every  other  man  of  position,  will 
doubtless  be  traced  in  opposite  colors  ;  for  who  has  not 
some  enemies  ?  And  who  is  perfect  ? 

"  No  human  quality  is  so  well  wove 
In  warp  and  woof,  but  there's  some  flaw  in  it." 


MAXIMILIAN.  1 5 

It  was  not  his  sin,  but  his  misfortune  that  he  was 
caught  in  the  eddy  of  betrayal,  in  which,  by  a  breeze 
from  the  atmosphere  of  vengeance,  he  was  carried  down. 
From  those  who  knew  him  well,  he  will  receive  a 
righteous  judgment.  Let  the  now  living  read  the  evi 
dence,  before  their  sentence  shall  be  recorded. 

"  According  to  his  virtues,  let  us  use  him." 

Whatever  posterity  may  say,  we  can  only  surmise. 
Let  us  hope  that  the  present  age  will  furnish  them  only 
with  the  proper  materials. 

"  The  form  of  thought 
Goes  with  the  age — the  thought  is  for  all  time." 

Maximilian  was  born  in  the  palace  of  Schonburn,  near 
Vienna,  on  the  6th  day  of  July,  A.  ix  1832.  He  was 
the  second  son  of  Francis  Charles,  Archduke  of  Austria, 
and  of  the  Archduchess  Frederica  Sophia.  His  father 
was  born  on  the  7th  day  of  December,  1802:  his 
mother,  on  the  27th  day  of  January,  1805.  They  were 
married  November  4th,  1824.  They  are  now  living,  to 
mourn  the  loss  of  their  renowned  and  affectionate  son. 

The  eldest  brother  of  Maximilian  is  Francis  Joseph  I., 
present  Emperor  of  the  Austrian  Empire,  who  was  born 
August  18th,  1830.  The  younger  brothers  are  Charles 
Louis,  Archduke  of  Austria,  born  July  30th,  1 833 ;  and 
Louis  Victor,  Archduke  of  Austria,  born  May  15th,  1842. 

In  the  first  engraving  we  see  Maximilian  mantled  in 
his  imperial  robe  of  purple,  united  with  the  white  er 
mine.  He  has  on  a  coat  of  dark  blue,  bearino-  the 

O 

uniform  of  a  Mexican  general  with  decorations ;  a  scarf 
with  the  Mexican  eagle ;  a  sabre ;  high  military  boots ; 
his  sceptre  in  his  right  hand,  and  crown  resting  on  the 
table  behind  it.  That  robe  was  never  worn  except  for 
the  purpose  of  having  his  portrait  taken  in  it ;  which 


1 G  MAXIMILIAN. 

portrait  was  painted  in  Mexico,  and  from  which  photo 
graphs  were  made ;  and  the  engraving  herein  was  copied 
from  one  of  those  photographs.  N"o  State  occasion  ever 
occurred  on  which  it  became  necessary  for  Maximilian 
to  present  himself  in  that  imperial  splendor  of  purple 
and  white,  with  crown  and  sceptre.  Had  any  event 
required  that  regal  pomp,  he  would  have  graced  in 
stately  style  the  robe,  with  all  the  dignity  of  Charles 
V.,  united  to  far  more  gentleness  of  manner.  But  in 
truth  he  had  no  anxious  desire  to  dress  in  gorgeous 
pomp.  He  dressed  plainly,  and  the  insignia  of  rank  were 
only  exhibited  when  time  and  place,  by  the  rules  of  eti 
quette,  demanded  it. 

Maximilian  was  about  six  feet  and  two  inches  in 
height,  well-proportioned,  light  complexion,  large  blue 
and  penetrating  eyes,  high  and  broad  forehead,  and 
rather  large  mouth ;  his  hair  was  light  flaxen-color,  and 
rather  thin  in  quantity,  which  he  parted  in  the  centre 
of  his  forehead,  and  also  in  the  middle  of  the  back  part 
of  his  head,  brushing  the  same  forward.  His  whiskers, 
moustache,  and  goatee,  were  lighter  colored  than  his 
hair,  and  very  long ;  particularly  the  goatee,  which  he 
parted  in  the  centre  of  his  chin  and  twisted  each  half  to 
its  respective  side,  turning  the  same  under,  thereby 
making  its  length  not  clearly  observable.  He  possessed 
a  fine,  intelligent,  and  commanding  look ;  stood  straight, 
and  withal  had  a  pleasantness  of  expression.  He  was 
favored  with  a  natural  kindness  of  temper — an  urbanity, 
elegance,  and  refinement  of  deportment,  which,  it  may 
be  said,  would  be  expected  from  one  who  had  received 
the  advantages  of  a  familiar  intercourse  with  the  highly 
polished  personages  of  the  European  Courts.  Yet  it 
may  well  be  remarked,  that  Nature  gave  him  a  greater 
share  of  mildness  of  temperament  than  is  allotted  to  the 
majority  of  mankind.  That  quality  was  apparent  on  all 
occasions,  and  it  made  him  troops  of  friends. 


MAXIMILIAN.  17 

He  spoke  German,  English,  Hungarian,  Slavonic, 
French,  Italian,  and  Spanish.  Prince  Esteraze  was  his 
teacher  in  the  Hungarian  language ;  Count  de  Schny- 
der,  in  mathematics ;  Baron  de  Binther,  in  diplomacy ; 
Rev.  Mr.  Myre,  in  religious  instructions ;  and  for  some 
time  by  Vice- Admiral  Thomas  Zerman,  in  naval  tactics 
and  the  Italian  language.  All  of  said  teachers,  except 
the  latter,  are  now  living. 

If  it  be  true,  as  generally  remarked,  that  the  influence 
of  the  mother  shapes  the  mind  of  the  child,  more  than 
that  of  the  father,  Maximilian  had  a  very  superior  in 
structor  in  every  point  of  view.  His  mother  possesses 
a  mind  of  rare  endowment ;  great  natural  qualities  com 
bined  with  extraordinary  and  varied  attainments,  ac 
quired  by  attentive  observation,  and  a  severe  training 
of  her  mental  faculties.  Her  great  ambition,  and  the 
pride  that  would  naturally  spring  from  her  position, 
could  not  have  failed  to  stimulate  her  to  extend  an  ever 
watchful  care  over  the  physical  and  mental  being  of 
her  son. 

Maximilian,  although  surrounded  by  royalty  and 
wealth,  was  not  the  associate  of  idleness.  His  youthful 
mind  was  exceedingly  active ;  and  no  less  so  were  his 
bodily  movements.  He  was  accustomed  to  perform 
those  athletic  feats  that  strengthen  the  muscles,  and 
which  are  requisite  for  great  mental  vigor.  His  mother 
had  not  forgotten  that  nature  provides  that  in  the  earlier 
growth,  the  frame-work  must  be  well  constructed,  in  order 
to  support  the  later  growth  in  harmony  and  health. 

It  was  observed  in  him  at  an  early  age,  that  he  pos 
sessed  a  strong  relish  for  books.  The  rapidity  with 
which  he  garnered  up  knowledge  into  the  storehouse 
of  his  mind,  gave  conclusive  evidence  of  talent,  of  clear 
ness  of  thought,  and  of  great  ambition.  And  as  he  be 
came  of  that  age  when  he  was  able  to  discern  his  own 
position,  he  began  to  fix  his  attention  upon  a  future 


1 8  MAXIMILIAN. 

fraught  with  the  elements  of  success,  and  to  mark  out  a 
road  that  might  lead  safely  to  it.  Although  he  could 
only  conjecture  as  to  his  future  destiny,  he  cherished 
exalted  views,  and  resolved  to  so  adorn  his  mind  that  it 
would  be  able  to  reflect  lustre  in  any  position  that  might 
perchance  fall  to  his  lot.  He  looked  back  along  the 
line  of  his  ancient  family,  and  saw  the  bright  intellectual 
lights  at  their  respective  stations :  then  ambition  flamed 
his  own  mind  as  he  wheeled  about  and  fancied  he  saw 
posterity  gazing  at  him,  in  the  regular  order  of  that 
same  line. 

He  was  most  laborious  with  his  books ;  his  knowledge 
was  varied ;  he  delved  into  the  abstruse  sciences,  fami 
liarized  himself  with  ancient  and  modern  history,  and, 
as  has  been  stated,  his  attainments  in  linguistics  were 
of  a  high  order,  having  been  well  instructed  in  the  dead 
as  well  as  the  living  languages.  As  he  had  determined 
to  prepare  himself  for  the  navy,  he  made  the  science  and 
art  of  navigation  special  studies.  He  entered  the  Aus 
trian  navy  at  an  early  age,  and  received  a  most  severe 
training  in  the  tactics  and  practice  pertaining  thereto. 
His  proficiency  soon  became  remarkable ;  and  he  was 
made  a  lieutenant  at  the  age  of  eighteen.  Although 
thoroughly  drilled  in  solid  studies,  he  was  possessed  of 
the  love  of  aesthetics ;  he  admired  the  beauties  of  art, 
and  for  them,  he  cultivated,  with  an  increasing  appetite, 
his  taste. 

At  an  early  age  he  acquired  a  desire  to  travel — to 
compare  what  fancy  had  drawn,  with  the  originals  in 
other  lands.  It  was  a  pleasant  relish  to  feed  his  mind 
upon  the  beauties  of  statuary,  architecture,  poetry,  and 
painting.  His  mind  was  such  a  storehouse  of  ancient 
and  modern  learning,  that  he  was  prepared  to  drink  in 
the  exquisite  beauties  of  art.  He  thought  of  Greece  and 
Kome  as  great  galleries  of  fine  arts.  At  the  age  of  six 
teen  he  visited  Greece.  And  there  he  could  spend  hours 


MAXIMILIAN.  10 

gazing  on  those  ancient  statues  modelled  to  deify  the 
human  form,  and  trace  their  well-defined  outlines,  their 
beauties;  and  then  pause  for  a  moment  and  contem 
plate  the  character  of  the  race,  which  so  long  ago  so 
exquisitely  used  the  chisel. 

Leaving  Greece,  he  visited  Italy,  Spain,  Portugal ; 
thence  he  travelled  to  the  island  of  Madeira,  crossed  the 
African  provinces,  studied  the  character  of  the  country, 
the  people,  their  colonization  system,  and  their  forms  of 
government.  He  had  a  keen  perception,  a  polished 
mind,  such  as  is  ready  to  take  correct  impressions  of 
what  he  saw.  He  had  sufficient  knowledge  to  travel 
with :  so  that  he  was  able  to  bring  back  more.  The  richly 
colored  tales  that  had  been  woven  about  fair  Italy,  her 
arts,  her  entombed  artists — the  land  of  the  Ca?sars — had 
fascinated  and  charmed  his  youthful  mind ;  and  it  was 
with  eagerness,  with  enthusiasm,  that  he  held  the  ideal 
picture  beside  the  real.  He  Avell  knew  that  while  curi 
osity  was  excited,  his  knowledge  was  increased.  If 
he  had  been  in  error  concerning  the  realities,  he  now 
dropped  the  errors  as  he  detected  them. 

After  his  return  home,  he  applied  himself  more  to  the 
study  of  marine  duties.  In  1854,  he  sailed  as  commander 
in  the  corvette  Minerva,  on  an  exploring  expedition 
along  the  coast  of  Albania  and  Dalmatia. 

While  riding  out  one  day  at  Trieste,  his  horse  fell 
down  with  him,  bruising  him  considerably,  causing 
the  blood  to  flow  rather  profusely,  and  rendering  him 
for  a  time  senseless.  After  recovering  his  proper  state 
of  mind,  and  feeling  about  a  little,  and  finding  that  he 
was  in  the  house  of  a  ship-caulker,  where  he  was  kindly 
treated,  he  wished  to  pay  the  occupiers  of  the  house 
some  compliment ;  and  in  perfect  keeping  with  his  good 
nature,  he  observed  to  them  that  he  would  like  to  re 
main  there  until  he  became  well,  adding  that  in  no  other 
place  would  he  be  so  well  cared  for. 


20  MAXIMILIAN. 

Afterward,  while  on  the  Minerva,  he  received  a  com 
mission  as  Vice-Admiral  and  Commander-in-chief  of  the 
Austrian  navy,  which  caused  him  to  return  immediately 
to  Vienna. 

The  summer  of  1855  found  Maximilian  ready  for  an 
other  pleasure-tour.  He  boarded  the  Admiral-ship, 
StMtrteenberg,  and  accompanied  by  a  fleet  of  seventeen 
sail,  steamed  for  Candia,  the  Archipelago,  and  coasted 
along  Syria;  traversed  Lebanon,  the  Holy  Land,  to 
Jerusalem.  Thence  he  sailed  for  Alexandria,  in  Egypt. 
After  a  short  visit  there,  he  proceeded  to  Cairo  and 
the  Pyramids;  thence  to  Memphis  and  the  Red  Sea, — 
not  failing  to  closely  observe  the  preparatory  works 
of  the  then  contemplated  canal  across  the  Isthmus 
of  Suez.  And  as  he  stood  gazing  upon  the  apex  of 
the  mighty  Cheops,  viewing  on  the  one  hand  the  vast 
desert,  and  on  the  other  the  luxuriant  vesture  of  the 
Valley  of  the  Nile,  the  view  might  have  suggested  to 
his  mind,  that  it  was  emblematical  of  royalty  and  pov 
erty  side  by  side. 

After  bidding  farewell  to  the  sandy  desert,  he  returned 
home. 

In  1856,  he  visited  the  Emperor  of  France,  spending 
over  two  weeks  at  the  palace  of  St.  Cloud.  The  time 
there  was  doubtless  passed  most  agreeably ;  and  their 
mutual  friendship  increased  with  the  visit.  Whether 
ten  years'  time  produced  the  snapping  asunder  of  the 
chain  of  friendship  that  bound  them,  is  not  for  me  to 
say,  as  I  wish  to  do  no  injustice  to  Napoleon,  nor  the 
memory  of  the  departed,  nor  his  friends.  Some  are  of 
opinion  that  while  Napoleon  sat  comfortably  and  se 
curely  in  Paris,  and  Maximilian  on  the  weak  throne  of 
Mexico,  the  cord  of  friendship  would  have  been  greatly 
strengthened  by  threads  of  silver — an  article  so  much 
needed  and  expected  by  the  latter. 

After  that  visit  with    Napoleon   had  been   finished, 


MAXIMILIAN.  2 1 

Maximilian  proceeded  through  Belgium  and  Holland  to 
Northern  Germany ;  also  to  Southern  Germany  and  the 
banks  of  the  Rhine,  admiring  with  intense  interest  the 
beauties  presented  to  the  view  in  those  densely  populated 
regions,  where  art  and  nature  had  combined  in  forming 
the  useful  and  the  beautiful. 

That  Maximilian  was  excessively  fond  of  travelling, 
we  have  already  had  ample  proof:  that  he  profited  by 
it,  is  equally  clear.  While  the  scenes  of  Belgium  and 
the  Rhine  were  still  freshly  pictured  in  his  memory,  he 
returned  again  to  glance  at  the  originals.  In  1857,  he 
glided  upon  the  beautiful  waters  of  the  Rhine,  where 
the  works  of  the  ancients  and  moderns  stand  out  in  bold 
contrast.  His  eyes  caught  this  and  that  ancient  castle ; 
and  while  thus  closely  viewing  the  footprints  of  Time, 
he  turned  his  thoughts  inwardly  and  looked  upon  a  page 
of  memory,  and  read  the  date,  the  history  of  the  walls 
and  grounds  of  many  a  contest  that  lay  before  him — the 
lords  and  knights  all  steeled  in  armor,  who  mingled 
there  in  the  affray.  And  may  he  not  have  said :  "  What 
one  of  Hapsburg  was  there  ?" 

He  passed  thence  into  Lombardy  and  Central  Italy, 
and  then  to  Merry  Old  England,  where  he  passed  an 
exceedingly  pleasant  time,  judging  from  the  manner  in 
which  he  spoke  of  Queen  Victoria.  He  never  mentioned 
her  name  but  in  the  greatest  kindness  in  my  presence. 
When  there,  he  felt  that  he  was  among  true  friends. 
Taking  his  departure  therefrom  for  the  second  time,  he 
found  himself  in  Belgium.  That  busy  land  soon  came 
to  be  the  centre  of  his  attractions.  He  had  before  ob 
served  there  the  works  of  art  with  much  interest :  that 
densely  thronged  country,  where  nearly  every  foot  of 
land  is  cultivated,  had  agriculturally  drawn  his  atten 
tion.  But  now  there  was  something  of  more  importance 
than  all  those.  The  object  was  not  the  skill  of  art— 
No  !  art  could  not  adorn  it.  It  illuminated  his  whole 


22  MAXIMILIAN. 

being.  He  felt  the  heart-strings  pull.  They  led  him 
always  to  the  house  of  royalty.  It  might  be  said  that 
his  rank  and  position  would  lead  him  there ;  that  is  true, 
but  his  stays  were  longer.  If  he  left,  his  heart  prompted 
him  to  return  forthwith.  The  great  charmer  was  there. 
To  him,  all  that  was  lovely,  divinely  beautiful,  were  em 
bodied  in  the  Princess  Maria  Charlotte  Amalia.  On  the 
^2d  of  July,  1857,  Count  Arquinto,  imperial  ambassador, 
in  solemn  audience,  in  behalf  of  Maximilian,  asked  King 
Leopold  I.  for  the  hand  of  his  daughter,  Princess  Chai> 
lotte.  The  request  was  granted,  and  during  that  same 
month  they  were  married.  That  ceremony  was  not 
merely  an  imperial  tie — it  was  a  linking  together  of  two 
happy,  loving  hearts.  "1  The  waters  of  two  meeting 
streams  do  not  more  harmoniously  mingle  into  one,  than 
did  those  two  hearts/) 

The  brightest  jewel  in  his  crown  was  her  love.  It 
threw  its  dazzling  rays  all  over  and  around  him.  Its 
brilliancy  never  lessened.  If  darkness  was  apparently 
about  to  cast  a  shade  over  his  path,  the  lustre  of  that 
jewel  dispelled  itVln  the  summer  of  1857  he  was  made 
^Governor-General  of  Lombard- Venice,  in  which  position 
he  remained  until  July,  1859  ;  still  holding  that  of  Supe 
rior  Commander  of  the  Austrian  navy.  No  man  ever 
reigned  over  that  country  more  beloved  by  its  people 
than  Maximilian.  He  suggested  many  reforms  in  the 
administration  of  affairs  in  that  kingdom.  He  was  re 
markably  liberal  in  his  views,  and  he  exhibited  there 
high  qualities  a-s  a  statesman.  His  keen  foresight,  his 
plans,  his  real  desire  to  benefit  the  people,  and  their  at 
tachment  for  him,  were  not  unobserved  by  Count  de 
Cavour,  who  once  remarked  that  "  Archduke  Maximilian 
is  the  only  adversary  I  fear,  because  he  represents 
the  only  principle  that  can  forever  enchain  our  Italian 
cause." 

"Whenever  any  great  affliction  fell  upon  the  people,  or 


MAXIMILIAN  23 

any  part  of  them,  he  was  the  first  to  render  succor.  At 
the  great  fire  in  Chigrenlo,  he  cheered  up  the  men,  lest 
they  should  sink  back  in  despair  at  the  progress  of  the 
frightful  elements.  And  when  the  Po,  the  Ambro,  the 
Ticino,  came  surging  over  their  banks,  spreading  devas 
tation  around,  he  darted  off  in  a  frail  bark  to  give  aid 
to  the  unfortunate  who  had  neither  food  nor  shelter. 
Nor  did  the  cold  snows  and  icicles  of  the  Alps  deter 
him  from  ascending  thereon  to  visit  Valtelina,  as  hunger 
was  gnawing  away  at  human  hearts.  When  disease 
carried  death  to  the  silkworms,  with  such  fury  that  the 
silk-looms  of  Lecio  stopped  their  motion,  and  left  willing 
workers  idle  and  in  want,  Maximilian  did  not  forget  to 
perform  works  of  charity,  which,  to  him,  were  always  a 
pleasure. 

On  the  sixteenth  day  of  September,  1857,  he  and  the 
Archduchess  Carlotta  made  their  grand  entrance  into 
the  city  of  Milan.  The  populace  were  wild  with  excite 
ment  ;  shout  after  shout,  mingled  with  music,  were 
deafening  to  the  ear.  Scarcely  ever  did  that  city  give 
such  a  universal  shout  of  welcome  to  mortal  man.  His 
residence  there  did  not  lessen  their  affection  for  him,  but 
only  increased  it. 

The  Italians  watched  him  with  pleasure,  mingled  with 
surprise ;  for  no  Austrian,  in  their  judgment,  had  ever 
extended  so  generously  the  hand  of  charity,  or  viewed 
them  with  so  much  good-will.  His  own  generous  heart 
was  his  bodyguard.  He  needed  no  other,  even  in  times 
of  political  excitement ,  although  he  had  some  enemies 
from  his  position.  He  was  always  shielded  with  the 
armor  of  generosity.  About  the  time  of  the  contempla 
ted  assassination  by  Orsini,  he  was  told  that  some  parties 
would  seek  an  opportunity  to  throw  a  bombshell  under 
his  carriage ;  and  many  of  his  friends  begged  him  not 
to  attend  the  theatre.  Although  thankful  for  the  inter 
est  those  friends  had  taken  in  his  welfare,  their  entreaties 


24  MAXIMILIAN. 

lie  considered  of  the  same  importance  as  the  threats  of 
the  public  agitators.  As  he  entered  his  carriage  with 
Count  de  Stromboli,  having  no  escort  to  guard  them, 
he  remarked,  "If  we  jump,  it  will  be  in  good  com 
pany." 

He  showed  the  populace  what  confidence  he  had  in 
their  friendship.  It  was  not  misplaced.  They  felt  a 
pride  in  sustaining  it.  Among  the  aristocracy  some 
hostile  feelings  were  fomenting  against  him.  An  organ 
ization  had  been  made  to  vent  their  spleen  upon  him  in 
the  Piazzetta.  He  made  up  his  mind  to  stem  the  cur 
rent,  that  he  might  learn  its  force.  He,  with  the  Arch 
duchess  Carlotta,  walked  among  the  group  of  malcon 
tents,  with  a  firm  step ;  the  crowd  parted  like  the  Red  Sea 
when  the  Israelites  passed  through.  After  about  an  hour's 
promenade  they  returned  to  their  palace  of  San  Marcos, 
followed  by  an  immense  crowd,  that  cheered  them  with 
great  enthusiasm.  No  living  man,  not  an  Italian,  could 
have  governed  there  without  having  enemies  ;  and,  prob 
ably,  no  foreigner  could  have  reigned  with  as  few  ene 
mies  as  he. 

The  desire  of  the  Italians  and  Maximilian  to  preserve 
the  works  of  the  fine  arts  was  mutual.  The  works  of 
those  great  masters,  their  ancestors,  were  the  artistic 
and  historic  monuments  of  the  Lombards  and  Venetians. 
And  he  whose  pride  and  pleasure  mingled  with  their 
own  in  that  work  of  preservation,  was  their  friend,  and 
they  his. 

The  cities  of  Venice,  Milan,  Como,  and  other  places, 
bear  test  of  his  beneficial  improvements  in  their  streets, 
canals,  public  gardens,  and  their  cleanliness. 

The  city  of  Pola  is  greatly  indebted  to  Maximilian 
for  its  resuscitation.  He  caused  several  edifices  to  be 
constructed  there,  planted  gardens,  built  a  large  dike, 
an  aqueduct,  an  arsenal,  and  three  docks.  ^After  the 
expiration  of  the  term  of  his  governorship  in  Italy,  he 


MAXIMILIAN.  £5 

paid  much  attention  to  the  improvement  of  the  navy, 
and  made  the  fleet  of  Austria,  in  proportion  to  its  size, 
not  inferior  to  any  in  Europe.^) 

After  the  war  in  Italy,  and  about  the  middle  of  No 
vember,  1859,  he  made  a  voyage  to  Brazil,  and  returned 
home  in  the  forepart  of  the  month  of  April  following. 

It  is  apparent  from  my  foregoing  observations,  that 
Maximilian's  range  of  study  and  reading  was  extensive. 
And  while  he  thus  drew  from  so  many  well-springs  of 
knowledge,  he  considered  that  he  himself  might  impart 
to  others  from  his  well-moulded  thoughts,  ideas  of  in 
terest  and  of  value.  His  linguistic  attainments  showed 
an  aptness  for  the  learning  of  languages ;  and  this  fact 
itself,  is  some  evidence  that  the  expression  of  his 
thoughts  in  writing  would  be  in  no  inelegant  form.  He 
has  presented  the  proof  of  my  assertion,  in  the  various 
works  which  he  wrote  in  the  feermaiT) language;  al 
though  not  written  for  the  purpose  ofpublic  distribu 
tion  and  sale,  but  for  his  own  use  and  gratification,  and 
the  pleasure  of  his  particular  friends.  A  few  copies 
were  printed  by  the  government  of  Austria,  at  Vienna ; 
some  of  which  were  circulated  among  his  friends  and 
acquaintance.  Since  the  death  of  Maximilian,  it  has 
been  decided  to  extend  their  publication,  for  the  purpose 
of  sale  to  the  public.  Those  works  are  the  following : 
Sketches  of  travels,  known  as  "  Italy,"  "  Sicily,"  "  Lisbon 
and  Madeira,"  "  Spai^,"  "  Albania  and  Algiers,"  "  Voy 
age  to  Brazil,"  " Aphojrisms,"  "Objects  of  a  Navy," 
"The  Austrian  Navy:"  also  two  volumes  of  poetry, 
which  I  believe  have  never  been  published.  German 
scholars,  who  have  had  an  opportunity  to  peruse  some 
of  the  foregoing  books,  have  pronounced  them  works 
highly  creditable  to  the  author,  not  only  as  to  the  prin 
ciples  advanced,  the  deep  thought  and  argumentative 
style  in  some  of  them,  but  also  for  the  elegance  of  dic 
tion  in  which  they  are  clothed* 

<£> 


#& 

/, 


MAXIMILIAN. 


It  appears  that  some  of  the  Mexican  people  had,  at  an 
early  date,  and  long  More  their  deputation  first  pre 
sented  themselves  at  (MiramarJ addressed  His  Imperial 
Highness  Maximilian  upon  the  subject  of  his  occupancy 
of  "a  throne  in  Mexico.  The  following  letter  Avas  the 
first  correspondence  upon  that  subject,  and  was  written 
by  Seiior  Gutierrez  de  Estrada,  on  behalf  of  himself  and 
many  other  Mexicans : 

"  PARIS,  October  30th,  1861. 
"  PKINCE  : 

"  With  profound  respect,  the  undersigned  have  the 
honor  to  address  Your  Imperial  and  Royal  Highness, 
in  testimony  of  the  deep  feeling  and  sincere  gratitude 
which  they  have  felt,  on  learning  that  Your  Imperial 
and  Royal  Highness  was  animated  with  the  most  gen 
erous  sentiments  toward  our  unfortunate  country. 

"  Mexico,  the  s^>oil  of  intestine  convulsions,  renewed 
without  cessation,  and  of  disastrous  civil  wars,  in  conse 
quence  of  the  rigid  adoption  of  a  political  system  diametri 
cally  opposed  to  the  customs,  traditions,  and  dispositions 
of  her  people,  has  never  enjoyed,  so  to  speak,  a  moment's 
repose  since  the  day  in  which,  forty  years  ago,  she  occu 
pied  her  place  among  independent  nations.  So  then, 
her  people  will  bless,  from  the  bottom  of  their  hearts, 
whoever  shall  have  contributed  to  extricate  the  country 
out  of  the  horrible  state  of  anarchy  into  which  it  fell 
many  years  ago,  and  shall  give  it  again  life  and  happiness. 

"  What  would,  then,  be  their  joy  if  they  should  be 
hold  in  such  a  glorious  undertaking  the  co-operation  of 
a  Prince  a  descendant  of  one  of  the  most  noble,  illus 
trious,  and  ancient  dynasties  of  Europe,  and  who,  with 
the  prestige  of  such  an  elevated  origin,  of  so  eminent  a 
position,  and  of  such  personal  qualities  universally  ac 
knowledged,  should  so  powerfully  support  the  great 
work  of  the  regeneration  of  Mexico  ! 


**1 ' 

•'.>*£/ 

M&3T 


27 

"The  undersigned  have  expressed  their  wishes,  be 
cause  they  believe  that  work  might  be  realized  soon, 
under  the  auspices  of  Your  Imperial  and  Royal  High 
ness,  and  because  such  may  be  the  will  of  the  Almighty. 
"  The  undersigned  have  the  honor  to  subscribe  them 
selves,  with  the  most  profound  respect, 

"  Your  Imperial  and  Royal  Highness' 

"  Obedient  servants,  etc." 

The  foregoing  letter  was  answered  by  the  Archduke, 
with  the  response  which  here  follows,  directed  to  Seiior 
Estrada : 

"  SIB  : 

"  I  received  the  letter  signed  by  you,  for  yourself 
and  various  others  of  your  countrymen,  and  which  you 
sent  me,  bearing  date  the  30th  of  October  last.  I  hasten 
to  express  to  you,  and  beg  you  to  transmit  to  those  gen 
tlemen,  my  gratitude  for  the  sentiments  of  respect  to 
me,  which  that  letter  attests. 

"The  welfare  of  your  beautiful  country  has  always 
interested  me,  certainly ;  and  if,  in  effect,  as  you  appear 
to  suppose,  its  inhabitantSj  aspiring  to  see  founded 
among  them  an  order  of  things  which,  through  its  stable 
character,  could  restore  internal  peace  to  them,  and 
guarantee  their  politic^aijn^lependence  ;  and  should  they 
believe  me  able  to  ^w^irjjmU^in  securing  these  advan 
tages,  I  should  be  ^lisposcdjto  take  into  consideration 
the  wishes  they  might  present  me,  with  that  view.  But 
for  me  to  think  of  assuming  an  undertaking  surrounded 
by  so  many  difficulties,  it  would  be  necessary,  before  all, 
that  I  should  be  very  certain  of  the  will  and  co-operation 
of  the  country.  My  co-operation  in  favor  of  the  work 
of  governmental  transformation,  on  which  depends,  ac 
cording  to  your  convictions,  the  salvation  of  Mexico, 
could  not  be  determined,  unless  that  a  national  manifes- 


28  MAXIMILIAN. 

tation  should  prove  to  me,  in  an  undoubted  manner,  the 
desire  of  the  nation  to  see  me  occupy  the  throne. 

"Then,  only,  would  my  conscience  permit  me  to  unite 
my  destinies  with  those  of  your  country,  because  then 
only  could  be  established,  from  its  beginning,  my  power, 
in  that  mutual  confidence  between  the  government  and 
the  governed,  which  is  in  my  eyes  the  most  solid  basis 
of  empires,  next  to  the  blessing  of  Heaven. 

"  Lastly,  whether  or  not  I  may  be  called  to  exercise 
the  supreme  authority  over  your  noble  country,  I  shall 
not  cease  to  treasure  a  very  agreeable  recollection  of  the 
step  which  you  and  the  other  signers  of  the  letter  to 
which  I  refer  have  taken  towards  me. 

"  Receive,  Sir,  the  proof  of  the 

"  sentiments  of  estimation,  etc. 

"  CASTLE  OF  MIKAMAR,  December  8th,  1861." 

The  mind  of  the  reader  will  doubtless  continually 
have  in  view  tw^jquestions,  pertaining  to  the  acts  of 
Maximilian  concerning  Mexico.  First,  whether,  in  his 
heart,  he  desired  to  act  in  harmony  with  the  will  of  a 
majority  of  the  Mexican  people ;  and  second,  did  he 
believe  that  such  a  majority  were  in  favor  of  his  occu 
pying  the  throne  of  Mexico  ? 

Every  declaration  which  he  made  upon  the  subject  of 
accepting  the  crown,  clearly  and  unmistakably  stated 
that  no  such  consent  co>ild«coflre  from  his  lips,  unless 
there  was  satisfactory  evidence  produced,  showing  em 
phatically  that  a  majority  of  the  Mexicans  desired  him 
as  their  ruler.  And  in  further  support  of  that  position 
on  his  part,  I  will  here  call  the  attention  of  the  reader 
to  a  fact,  unknown  to  but  a  few  persons. 

In  March,  1864,  Maximilian,  while  at  Brussels,  pro 
cured  a  gentleman  to  proceed  to  Mexico,  and  to  com 
municate  certain  facts  to  Mr.  Juarez.  In  order  that 
there  should  be  something  more  certain  than  oral  dc- 


MAXIMILIAN.  29 

clarations  appertaining  thereto,  Baron  de  Pont,  coun 
sellor  of  Maximilian,  at  the  request  of  His  Imperial  High 
ness,  wrote  a  letter  addressed  to  the  above-mentioned 
gentleman,  bearing  date  March  16th,  1864,  Bellevue 
Hotel,  Brussels,  wherein  was  set  forth  the  following 
facts:  That  Maximilian  did  not  wish  to  force  himself 
upon  the  Mexican  people  by  foreign  troops,  against  the 
will  of  the  people ;  that^he  did  not  wish  to  change  or 
make  for  them  any  political  system  of  government  con 
trary  to  the  express  wish  of  a  majority  of  the  Mexicans ; 
that  he  wished  the  bearer  of  the  letter  to  say  to  Mr. 
Juarez,  that  he,  Maximilian,  was  willing  to  meet  Mr. 
Juarez  in  any  convenient  place,  on  Mexican  soil,  which 
Mr.  Juarez  might  designate,  for  the  purpose  of  discuss 
ing  the  affairs  of  Mexico,  in  an  amicable  manner ;  and 
that  doubtless  an  understanding  and  conclusion  might 
be  reached  wholly  in  unison  with  the  will  of  the  people. 

The  said  gentleman  went  to  Mexico,  saw  Mr.  Juarez, 
stated  his  mission,  and  gave  a  copy  of  said  letter  to  him. 
Mr.  Juarez  replied  that  he  could  not  consent  to  any 
meeting  with  Maximilian. 

The  letter  to  which  I  refer  was  written  in  French, 
and  I  read  it;  and  unless  it  is  a  forgery,  which  I  do 
not  believe,  it  is  strong_e_y4dence  in  favor  of  Maximilian's 
good  faith.  I  have  been  unable  to  ascertain  any  facts 
which  in  the  slightest  degree  disprove  an  honesty  of 
intention  upon  his  part.  **  * 

In  April,  1864,  after  the  word  "farewell"  had  been 
exchanged  between  the  two  august  princes  and  their 
families,  and  particular  friends,  the  people  came  in  large 
numbers  to  the  palace  of  Miramar,  on  and  after  the  10th 
of  the  month,  to  say  a  parting  "  good-bye."  Commission 
ers  from  the  neighboring  provinces  also  came  to  tender 
an  affectionate  adieu  to  their  majesties.  The  true  feel 
ings  of  the  inhabitants  of  Trieste,  on  that  important 
departure,  was  happily  expressed  in  one  of  the  journals 


30  MAXIMILIAN. 

of  that  city,  of  the  date  of  the  10th  of  April,  wherein 
the  Emperor  was  tenderly  and  sympathetically  addressed 
as  follows : 

"  SIRE  : 

"  The  word  f  adieu,9  which  was  said,  resounds  in 
every  heart,  and  is  on  the  lips  of  all  the  good  citizens 
of  this  city.  If  adieu — adieu  to  the  best  of  princes. 
Citizen  of  Trieste  !  by  your  noble  and  magnanimous 
will,  these  shores,  this  port,  and  these  delicious  villas 
have  been  the  objects  of  your  predilection. 

"  You  have  given  all  your  heart  to  this  people,  who 
love  you  as  a  father  loves  his  son,  with  all  the  power  of 
his  soul.  This  people  is  the  one  who  gives  the  most 
painful  adieu — this  people,  whose  love  will  follow  you  on 
the  waves  of  the  ocean  on  which  you  are  going  to  place 
yourself,  will  accompany  you  with  all  its  feelings  of 
gratitude  to  the  other  side  of  the  sea;  this  people, 
who  is  saying  adieu,  feel  a  pain  in  losing  you,  after  hav 
ing  had  the  pleasure  of  your  company  so  many  years. 

"  When  you  are  far  from  here,  Sire,  when  the  imperial 
crown  circles  your  brow,  which  was  given  you  by  a 
nation  full  of  enthusiasm  and  hope ;  when,  after  the 
cares  of  the  throne,  and  the  perturbation  of  politics, 
shall  be  seen  to  nourish,  in  their  order,  peace,  work,  and 
>rosperity,  the  fruits  of  your  efforts  and  your  wisdom, 
lay  it  please  Heaven,  Sire,  that  there  shall  resound  for 
ever  in  your  ears  this  adieu  which  accompanies  Your 
Majesty  to  the  other  side  of  the  seas — this  adieu,  which 
is  that  of  a  people  who  have  loved  you ;  an  adieu  from 
the  country  that  weeps  your  absence — an  affectionate 
adieu  of  a  noble  city  where  you  leave  such  sweet  and 
pious  recollections. 

"Here,  you  leave  brothers  in  arms,  intrepid  mariners, 
soldiers,  who  have  learned  from  you  how  to  serve  and 
love  their  country.  On  the  other  side  of  those  moun- 


MAXIMILIAN.  31 

tains  which  separate  us  from  the  empire,  beyond  those 
seas,  everywhere,  you  will  leave  tender  and  noble  recol 
lections.  All  the  Austrians  say  with  us  this  adieu  to 
the  excellent  prince,  to  the  loved  brother  of  our  beloved 
emperor.  Here  is  remembered  your  charity,  there  your 
greatness,  and  everywhere  your  magnanimity. 

"  There  is  no  heart  that  does  not  treasure  your  quali 
ties,  and  those  of  your  august  companion,  who  is  called 
to  participate  with  you  in  the  love  and  the  blessings  of 
a  whole  people ;  to  second  you  resolutely  in  the  work  of 
your  regeneration ;  to  cultivate  your  happiness,  and  to 
conquer  your  affections. 

"  The  inhabitants  of  Trieste  will  continue  their  pere 
grinations  around  Miramar;  and  at  the  sight  of  its 
groves,  of  its  splendid  habitations,  of  its  magnificent 
terraces,  which  command  this  sea  so  often  furrowed  by 
your  ships,  they  will  remember  your  receptions,  so  full 
of  grace  and  affability ;  and  they  will  bring  to  memory 
the  thousand  times  that  they  have  been  your  honored 
guests. 

"  Miramar,  your  cherished  retreat,  is  reflected  in  the 
waters  that  bathe  Trieste.  Between  Miramar  and  this 
city  exist  bonds  of  affection  that  can  never  be  broken  : 
this  affection  runs  in  the  blood  of  the  people,  and  will 
be  transmitted  to  our  sons. 

"  He  who  has  been  an  excellent  prince,  will  be  an  ex- 
•  cellent  sovereign.  Mexico  has  just  extricated  herself 
from  sad  discords ;  that  people  feel  sensitive  still,  per 
haps,  on  account  of  the  asperity  of  their  origin ;  being 
haughty  and  affected,  even  from  ancient  national  pride, 
they  have  something  of  the  virgin  nature  of  their  vast 
territory.  The  task  undertaken  by  Ferdinand  Maxi 
milian  is  difficult,  arduous,  great ;  he  will  know  how  to 
accomplish  it. 

"  This  victory,  O  generous  Prince,  will  be  the  most 
glorious,  and  the  most  enviable,  and  its  value  to  you 


32  MAXIMILIAN. 

will  be  the  gratitude  of  a  whole  regenerated  people. 
You  will  place  quietude  on  the  pa.ssions ;  your  virtues 
and  your  heart  will  secure  your  triumph. 

"  Adieu,  then,  in  the  name  of  all  the  people  of  Trieste. 
May  the  heavens  be  propitious  for  you,  and  may  they  pro 
mote  the  accomplishment  of  your  ardent  desires,  mak 
ing  the  country  prosper  that  has  selected  you  to  preside 
over  its  destinies.  You  carry  with  you  the  benedictions 
of  a  people  that  will  never  forget  you  in  their  hearts ; 
who  will  associate  themselves  with  your  glorious  enter 
prise,  and  will  ask  God  to  assist  you  with  His  inspirations. 
We  never  could  have  desired  to  give  you  this  adieu; 
We  should  always  have  preferred  to  keep  you,  tranquil 
and  happy,  in  our  midst.  But  since  Your  Majesty  is 
called  to  pacify  a  people,  to  regenerate  a  vast  country, 
to  help  it  to  fulfil  its  high  destinies,  may  the  hand  of 
God  guide  you ;  may  the  work  of  Your  Majesty  be  holy 
and  blessed. 

"  Adieu !  May  the  heavens  protect  you  and  your 
august  companion !  May  they  concede  to  you,  and  to 
the  people  that  await  you,  all  the  fortune  that  you  have 
known  how  to  give  to  those  who,  for  the  last  time,  say 
to  you  from  the  bottom  of  their  hearts,  Adieu  !" 

As  we  read  such  a  farewell  to  His  Majesty,  from  the 
people  of  a  great  city  that  have  known  him  long  and 
well,  what  must  be  our  conclusions  as  to  the  character 
of  the  man  ? 

Not  only  did  they  know  him  as  a  man,  but  as  a  prince, 
as  a  governor.  A  man  placed  in  his  position,  with  his' 
power,  over  that  same  people,  must  have  acted  wisely, 
humanely,  and  justly,  as  is  evidenced  by  their  united 
voice.  Had  he  acted  otherwise,  no  such  burst  of  aifection 
could  spring  forth  from  their  hearts.  The  words  them 
selves  make  it  self-evident  that  they  came  not  from  the 
surface,  but  from  the  very  depths  of  the  Austrian  heart. 


MAXIMILTAK.  33 

Those  words  of  love  and  affection  escaped  not  the 
mind  of  Maximilian ;  they  touched  the  cords  of  sym 
pathy,  and  they  vibrated.  And  as  they  moved  in  har 
mony  with  his  gentle  thoughts,  he  wrote  to  Dr.  Charles 
Porenta,  the  Podesta  (or  mayor)  of  Trieste,  as  fol 
lows  : 

"  MY  DEAR  PODESTA  : 

"  In  the  moments  of  parting,  full  of  confidence  in 
the  assistance  of  Heaven,  to  place  me  at  the  head  of  a 
distant  empire,  I  cannot  do  less  than  send  a  sad  and 
last  adieu  to  the  dear  and  beautiful  city  of  Trieste.  I 
have  always  professed  profound  affection  for  that  city, 
which  in  a  certain  manner  has  become  my  country ;  and 
on  abandoning  Europe,  I  know  how  dear  are  the  recol 
lections  of  gratitude  which  link  me  to  that  city.  Never 
shall  I  forget  the  cordial  amiability  of  its  inhabitants, 
nor  the  proof  of  adhesion  which  has  been  given  to 
my  house  and  to  my  person.  This  recollection  will  fol 
low  me  to  the  foreign  land  as  a  strong  consolation,  and 
as  a  happy  augury  of  the  future.  It  will  always  be 
grateful  to  me  to  know  that  my  garden  of  Miramar  is 
visited  by  the  inhabitants  of  Trieste;  and  I  wish  that  it 
may  be  open  for  that  purpose,  whenever  circumstances 
may  permit  it.  I  desire  that  the  poor  may  preserve  a 
memorial  of  my  affections ;  and  I  have  placed  the  sum 
of  twenty  thousand  florins,  so  that  the  interest  thereon 
may  be  distributed  every  year,  on  Christmas  Eve,  among 
the  poor  families  of  the  city;  which  distribution  will 
be  made  by  the  City  Council.  As  to  you,  Sir,  Dr.  Charles 
Porenta,  I  decorate  you  with  the  cross  of  Commentator 
of  the  Order  of  my  Empire. 

"  MAXIMILIAN." 

Thus  cursorily  have  I  chronicled  the  European  Jife  of 
Maximilian.  As  we  trace  it  through,  we  are  not  uncon~ 

2* 


34  MAXIMILIAN. 

scions  of  the  fact,  that  the  construction  of  his  mind 
well  fitted  him  to  please.  And  though  moving  beneath 
the  robes  of  royalty,  he  so  pursued  his  course  of  life, 
that  the  light  of  friendship  threw  its  cheering  rays  all 
around  him. 

We  will  soon  follow  him  across  the  trackless  ocean. 


CHAPTER  III. 


Carlota  —  Her  birth  —  Genealogy  of  family  —  Education  —  Personal  description  — 
Marriage  —  Life  in  Italy  —  In  Mexico  —  Her  derangement  —  Cause  of  it  —  Late 
residence  in  Belgium—  Palace  of  Tervueren. 


E  frame  that  includes  the  biographical  portrait  of 
-  His  Majesty  Maximilian,  would  present  a  blank 
space  if  the  characteristic  features  of  his  august  spouse, 
the  lovely,  the  beautiful,  the  accomplished,  and  much- 
beloved  Carlota,  were  not  portrayed  by  his  side,  in  their 
true  colors.  We  cannot  think  of  His  Majesty  without 
having  the  vision  of  the  Empress  rise  up  before  the 
mind's  eye,  as  though  she  were  a  part  of  the  same  being. 
Scarcely  one  of  her  sex  has  attracted  equal  attention  in 
the  present  age.  The  dazzling  splendor  of  her  virtues 
has  caused  unbounded  praises  to  be  lavished  upon  her, 
while  her  misfortunes  have  grieved  the  hearts  of  millions. 
She  is  a  descendant  of  Henry  IV.  of  France,  who  per 
haps  was  one  of  the  best  rulers  France  ever  had,  since 
Louis  IX.  He  fell  by  the  hand  of  the  assassin,  the  /» 
fanatical  Kavaillac,  May  14th,  1610.  Her  father  was  J 
Leopold  L,  of  Belgium,  who  was  born  December  16th, 
1790,  and  was  the  son  of  the  Duke  Francis  of  Saxe 
Cobourg  Saalfelde.  He  was  naturalized  in  England, 
March  27th,  1816,  and  married  May  2d  of  the  same 
year  to  Princess  Charlotte  Augusta,  daughter  of  George 
IV.,  of  England.  He  received  at  that  time  a  pension 
of  fifty  thousand  pounds  sterling,  the  title  of  Duke  of 
Kendal,  and  the  rank  of  a  prince  of  the  blood. 

It  was  not  long  thereafter  before  he  was  deprived  of 
that  lovely  companion.  She  died  in  childbirth,  Nov. 
5th,  1817,  —  the  child  non-surviving. 


36  MAXIMILIAN. 

In  1832,  August  9th,  he  again  married,  uniting  him 
self  to  Louise  Maria  Theresa  Charlotte  Isabella  de  Or 
leans,  daughter  of  Louis  Philippe,  King  of  France.  It 
was  his  fortune  to  enjoy  the  companionship  of  the  sec 
ond  far  longer  than  that  of  the  first  wife  ;  but  before  a 
score  of  years  had  rolled  away,  she,  too,  bid  farewell  to 
all  there  is  of  earth,  on  the  llth  of  October,  1850. 

He  had  by  his  last  wife  the  following  issue :  Leopold, 
Duke  of  Brabant,  now  King  Leopold  II.  of  Belgium, 
who  was  born  April  9th,  1835  ;  Prince  Philippe  Eugene 
Ferdinand  Marie  Clemente  Bandonin  Leopold  George, 
Count  of  Flanders,  born  March  24th  1837,  and  was 
Major-General  and  Honorary  Commander  of  the  Regi 
ment  of  Guides;  and  the  Princess  Maria  Charlotte 
Amelia  Auguste  Victoire  Clementine  Leopoldino,  born 
Jiyic  7th,  1840,  and  who  is  Carlota,  ex-empress  of  Mex 
ico Her  lather,  Leopold  I.,  was  a  man  of  rare  scholastic 
attainments ;  and  was  not  ignorant  of  that  science  and 
that  art  requisite  to  make  skilful  moves  on  the  military 
chessboard.  He  was  termed  the  Nestor  of  kings.  He 
expired  in  December,  1865.  He  was  then  the  oldest 
sovereign  in  Europe. 

The  mother  of  the  Empress  Carlota  was  known  by 
the  appellation  of  the  Holy  Queen.  As  she  died  in  1850, 
it  was  not  her  pleasure  to  long  watch  over  the  advancing 
years  of  her  lovely  daughter,  who,  nevertheless,  became 
a  bright  ornament  even  among  princesses. 

Carlota  was  born  at  the  palace  of  Laeken,  which  is 
about  fifteen  miles  from  Brussels,  on  the  7th  of  June, 
1 840 ;  and  never  passed  over  six  months  of  her  life  in 
France,  although  she  is  called  French.  The  French 
tongue  is  her  vernacular. 

Nearly  eighteen  years  ago,  the  promenaders  that  saun 
tered  through  the  public  park  of  Brussels,  frequently 
observed  a  charming  and  attractive  little  girl,  the  pic 
ture  of  beauty  and  loveliness,  accompanjecl  by  her  two 


MAXIMILIAN.  37 

little  brothers,  a  preceptor,  and  governess.  She  was 
plainly  dressed,  wearing  a  broad-brim  straw  hat,  a  short 
dress,  and  white  pantalettes;  and  under  her  coiffure, 
on  each  side,  could  be  seen  her  neatly  braided  hair. 
That  her  appearance  of  beauty  and  innocence  should 
not  be  lost  to  memory,  the  skill  of  the  artist  was 
brought  into  requisition,  and  her  portrait,  as  she  was 
then  dressed,  was  taken ;  which  may  now  be  seen 
in  one  of  the  private  apartments  of  the  palace  of  Brus 
sels.  She  was  usually  then  seen,  when  promenading, 
with  a  little  hoop  in  her  hand,  which  she  never 
rolled.  The  little  bright-eyed  and  rosy-cheeked  girl 
wishfully  looked  upon  the  various  groups  of  children 
which  she  chanced  to  meet,  anxious  to  join  them  in  their 
innocent  pleasures.  But,  no,  that  was  not  allowed, — 
the  governess  said,  No.  She  then  doubtless  wished 
that  she  had  no  teacher  to  control  her,  as  she  saw  no 
good  reason  why  the  freedom  of  others  should  not  be 
allowed  to  her.  Her  little  party  never  seemed  to  stop 
nor  run,  but  gravely  walked  on  with  a  measured  tr 

The  former  part  of  the  life  of  those  children  was  not 
a  gay  one.  At  home,  in  the  palace,  during  the  lifetime 
of  their  mother,  they  were  taught  to  pray,  and  all  the 
principles  of  religion  which  their  youthful  minds  were 
capable  of  receiving,  were  instilled  into  them.  The  days 
of  reception  were  not  play-days  to  those  youths ; — the 
lessons  of  Christianity  were  dispensed  with,  only  to  let 
those  of  etiquette  be  given  in  their  stead.  As  visitors 
entered,  they  found  the  little  princess  by  her  mother's 
side ;  and  as  salutations  were  given  and  received,  the 
bright-eyed  daughter  did  not  fail  to  act  her  part.  The 
rank  and  dignity  of  the  different  personages  were  soon 
known  to  her,  and  the  respective  salutations  due  to  each. 

The  young  princess  never  seemed  to  have  a  playmate 
of  her  own  age.  She  saw  no  one  around  her  save  the 
ladies  of  honor,  whom  her  father  had  chosen  for  her 


38  MAXIMILIAN. 

mother.  Their  conversation  was  principally  upon  reli 
gious  topics,  or  matters  of  importance.  And  yet  with 
all  the  apparent  severity  and  strictness  of  her  mother, 
the  princess  was  the  object  of  that  parent's  deepest  affcc- 
tion,  who  doted  upon  and  idolized  that  daughter.  It 
was  the  Christian  virtue,  the  honest  pride  of  that  good 
mother's  heart,  that  caused  her  to  watch  with  a  jealous 
care  every  act  and  word  of  that  young  and  tender  heart, 
that  was  destined  to  attract  the  world.  But  while  that 
young  princess  was  in  the  bud  of  life,  the  genial  rays  of 
that  mother's  affectionate  heart  ceased  to  shed  their 
holy  influence  over  her.  She  saw  that  mother  on  the 
couch  of  death,  and  heard  her  last  affectionate  farewell, 
which  fell  upon  her  ear  like  the  music  of  a  sad  dream, 
mournfully  sounding,  long  after  that  Spirit  of  Love  had 
entered  the  heavenly  portal.  After  that  sad  bereave 
ment,  the  broken-hearted  princess  lived  as  it  were  alone 
in  the  midst  of  the  ladies  of  honor. 

It  was  quite  observable,  that  from  the  age  of  eleven 
to  fifteen  she  was  less  child-like  in  her  manners  and  con 
versation  than  most  children  of  that  age,  even  including 
those  of  royalty.  It  must  be  attributed  to  her  continual 
companionship  with  those  of  maturer  years.  She  always 
possessed  a  marked  gravity  and  dignity  even  in  the 
ballroom.  At  the  age  of  sixteen  she  was  allowed  to 
attend  balls ;  but  only  four  times  a  year,  when  they 
were  given  by  the  king  in  the  winter  season.  None  but 
those  of  royal  blood  were  honored  with  her  company  in 
the  dance ;  and  none  were  permitted  to  embrace  her  in 
the  waltz  but  her  brothers.  And  while  she  gazed  upon 
others  that  whirled  in  the  round  dances,  it  was  appar 
ently  with  indifference ;  and  as  they  glided  briskly  in 
the  circle,  she  promenaded  in  a  dignified  manner,  yet 
with  a  pleasing  air. 

She  was  fine-looking — her  stature  tall,  majestic,  not 
haughty,  graceful  in  her  carriage ;  and  with  her  air  of 


MAXIMILIAN.  39 

majesty  there  was  mingled  a  gentleness  and  mildness  of 
disposition  that  Avon  and  attracted  all  who  chanced  to 
meet  her.  Her  face  is  oval;  complexion  bright,  and 
readily  flushed ;  her  nose  is  a  little  aquiline  ;  her  mouth 
is  pretty,  and  beneath  her  rosy  lips  is  a  set  of  regular 
pearl-white  teeth;  her  eyes  are  not  large,  but  very 
v.  bright,  and  when  she  becomes  excited,  they  flash  like 
fire.  She  has  a  heavy  head  of  hair,  of  a  beautiful  dark 
auburn  shade.  Nature  formed  her  for  an  empress,  and 
her  acquirements  not  less  fitted  her  for  the  station.  As 
she  rose  above  the  horizon  of  childhood,  she  appeared  in 
all  the  splendor  of  the  morning  star,  bright,  beautiful. 

The  photographer,  the  painter— all  the  powers  of  art, 
have  failed  to  do  her  justice,  in  attempting  to  transfer 
her  beauty  on  paper  or  canvas.  Her  beauty,  her  good 
ness,  her  Christian  virtues,  will  ever  defy  the  pen. 

She  inherited  the  talents  of  her  father.  Her  mind  was 
deep,  and  exceedingly  well  cultivated.  If  her  native 
powers  were  not  more  than  ordinary,  it  would  be  re 
markable,  since  her  father  and  mother  were  both  of 
superior  intellect.  At  an  early  age  she  was  placed  in 
the  presence  of  the  ministers  of  State,  while  matters  of 
importance  were  discussed;  and  therefore  her  oppor 
tunities  for  forming  her  judgment  and  training  her  logi 
cal  powers  of  thought,  were  more  than  those  usually 
allotted  to  princesses, — of  which  she  gave  conclusive 
proof  in  after  years.  She  spoke  and  wrote,  with  great  per 
fection,  the  French,  Spanish,  German,  English,  and  Italian 
languages.  As  has  been  before  observed,  she  was 
married  in  the  year  1857,  being  then  of  the  age  of  seven 
teen  years.  She  never  became  a  mother. 

Not  long  after  her  marriage,  in  the  month  of  August, 
a  multitude  of  the  people  of  Brussels  might  have  been 
seen  in  front  of  the  palace,  as  though  attracted  by  some 
thing  unusual.  It  was  so  to  them.  Upon  the  balcony 
of  that  palace  stood  the  enchantress  of  that  house,  Arch- 


40  MAXIMILIAN. 

duchess  C.irlota,  in  bridal  robes ;  and  by  her  side  stood, 
arm  in  arm,  a  tall,  fine-looking  man,  in  the  uniform  of 
an  admiral.  That  personage  was  the  then  Austrian  Gov 
ernor-General  of  Italy,  Archduke  Maximilian.  Three 
days  after,  the  new  Archduchess  bid  farewell  to  her 
native  home.  The  then  gathered  concourse  of  people 
had  often  seen  her ;  but  that  pleasure  was  about  to  be 
taken  from  them,  and  they  gazed  lingeringly  upon  her 
with  admiration  mingled  with  regret. 

Early  deprived  of  her  mother,  surrounded  by  no  fe 
male  blood-relatives  (whose  affections  are  always  deeper 
than  those  of  any  other  persons),  they  almost  wondered 
at  her  remarkable  qualities,  her  intelligence,  her  Chris 
tian  virtues,  and,  above  all,  her  charity. 

She  was  fortunate  in  her  marriage,  for  love  tied  the 
knot  that  bound  the  two.  She  seemed  to  entirely  forget 
her  passed  hours  of  loneliness,  and  thought  of  the  future, 
which  was  portrayed  by  her  in  bright  colors.  Nothing 
thwarted  her  for  a  while  in  her  desires.  Her  husband 
was  all  kindness,  and  his  feelings  of  affection  never  for  a 
moment  slackened. 

As  she  arrived  at  Milan,  she  was  delighted  with  her 
change — with  the  land  of  Italy,  which  was  to  be  her 
new  home  for  some  time  to  come.  She  saw  in  the  Arch 
duke  perfection,  a  man  of  intelligence,  of  dignity,  of 
power — brave  to  a  fault,  and  the  personification  of 
affection.  She  was  complete  mistress  of  herself.  She 
might  almost  have  believed  herself  an  absolute  sovereign, 
at  least  while  the  Archduke  held  the  position  of  Governor- 
General  of  Lombard- Venice. 

Her  advice  was  listened  to  with  the  utmost  attention 
by  the  Archduke ;  for  one  possessed  of  such  a  fund  of 
knowledge,  with  such  a  keen  sagacity,  might  well  be 
considered  as  having  a  judgment  based  upon  reflection, 
which  would  be  entitled  to  much  weight,  and  far  too 
important  to  pass  unheeded. 


Sv 


MAXIMILIAN.  41 

Her  mind  was  deeply  engrossed  with  the  affairs  of 
State.  {"  She  sought  the  welfare  of  Italy  while  there, 
rather  than  parties,  balls,  and  fashionable  entertainment] 
The  poor  of  the  cities  where  she  visited,  and  where  she 
resided,  will  bear  ample  evidence  of  her  generosity.  She 
was  desirous  of  possessing  the  good-will  of  the  people. 
She  was  always  kind  to  those  around  her ;  even  to  her 
servants,  she  rarely  made  use  of  any  bitterness  of  tone 
in  language,  under  even  the  most  provoking  circum 
stances.  She  was  impressed  with  the  idea  that  the 
hearts  of  the  subjects  were  the  true  throne  of  a  sovereign. 
Her  ambition  was  exceedingly  great, — but  withal,  an 
ambition  to  do  good.  The  Christian  principles  instilled 
into  her  youthful  mind  never  forsook  her.  In  her  studies 
she  gave  undeniable  testimony  of  energy  and  great  de 
termination.  In  some  of  the  voyages  made  by  the 
Archduke  she  accompanied  him ;  also  on  the  various 
trips  made  in  Italy.  She  sailed  to  the  island  of  Madeira, 
and  there  remained  while  her  husband  was  on  a  voyage 
to  Brazil.  After  her  return  from  that  island,  she  wrote 
a  work  in  French,  entitled,  "  A  Voyage  to  Madeira."  7 
The  work  has  been  highly  spoken  of  by  those  who  have  \ 
had  the  opportunity  of  perusing  it.  It  bears  evidence 
of  a  cultivated  mind,  of  reflection,  refinement,  and  ele- 
gance  of  taste,  clothed  in  a  pleasing  diction. 
£-If  her  heart  swelled  with  pride,  as  she  was  called  to 
sustain  the  dignified  position  of  Empress,  it  was  an 
honest  pride — a  pride  to  fill  the  station  with  honor  to 
herself,  her  husband,  her  adopted  country,  and  with  '• 
honor  and  virtue  in  the  judgment  of  the  world.  J 

She  seemed  ever  watchful  for  the  progress  and  im 
provement  of  Mexico — the  advancement  of  education, 
and  the  protecting  care  of  the  poor  and  needy.  The 
same  generosity  which  she  exhibited  in  Europe  was 
made  manifest  in  the  New  World,  even  to  a  greater 
degree.  She  has  often  been  observed  walking  through 


42  MAXIMILIAN. 

the  mud,  holding  up  her  skirts,  in  order  to  visit  the  poor 
in  the  hospitals,  and  also  others  that  were  needy,  in  their 
own  desolate  homes.  She  established  schools,  and  vis 
ited  them  in  person.  If  she  visited  a  town,  only  for  an 
hour,  the  first  inquiry  made  by  her  was  as  to  the  con 
dition  of  the  schools.  She  was  not  satisfied  with  the 
answer  of  any  one  as  to  the  state  of  the  houses  of  in 
struction,  but  would  visit  them  in  person.  The  bad  con 
dition  of  the  weather  and  roads  never  prevented  her 
from  so  doing.  She  examined  the  scholars  in  their  les 
sons,  gave  them  kind  advice,  and  not  unfrequently  pieces 
of  money,  to  encourage  them  in  their  studies.  Never  in 
the  history  of  Mexico  was  the  number  of  beggars  so 
small  in  the  capital  as  during  her  presence  there.  The 
poor  never  had  such  another  friend  in  all  Mexico. 

While  she  was  in  the  city  of  Puebla,  on  her  way  to 
the  capital  for  the  first  time,  on  the  7th  of  June,  which 
was  the  anniversary  of  her  birthday,  she  presented  to 
that  city  the  sum  of  seven  thousand  dollars  out  of  her 
own  private  purse,  for  the  benefit  of  the  poor.  On  that 
occasion  she  wrote  the  Prefect  of  that  city  the  following 
letter : 

"  SEXOR  PREFECT  : 

"  It  is  very  pleasing  to  me  to  find  myself  in  Puebla, 
the  first  anniversary  of  my  birthday  which  I  have  passed 
far  from  my  old  country.  Such  a  day  is  for  everybody 
one  of  reflection ;  and  these  days  would  be  sad  for  me, 
if  the  care,  attentions,  and  proofs  of  affection,  of  which 
I  have  been  the  object  in  this  city,  did  not  cause  me  to 
recollect  that  I  am  in  my  new  country,  among  my  people. 
Surrounded  by  friends,  and  accompanied  by  my  dear 
husband,  I  have  no  time  to  be  sad ;  and  I  give  thanks 
to  God  because  he  has  conducted  me  here,  presenting 
unto  him  fervent  prayers  for  the  happiness  of  the  coun 
try  which  is  mine.  United  to  Mexico  long  ago  by 


MAXLMILTAX.  43 

sympathy,  I  am  to-day  united  to  it  by  stronger  bonds, 
and  at  the  same  time  sweeter — those  of  gratitude.  I 
wish,  Seiior  Prefect,  that  the  poor  of  this  city  may  par 
ticipate  in  the  pleasure  which  I  have  experienced  among 
you. 

"  I  send  you  seven  thousand  dollars  of  my  own  pri 
vate  funds,  which  is  to  be  dedicated  to  the  rebuilding  of 
the  House  of  Charity,  the  ruinous  state  of  which  made 
me  feel  sad  yesterday:  so  that  the  unfortunate  ones 
may  return  to  inhabit  it  who  found  themselves  deprived 
of  shelter. 

"Seiior  Prefect,  assure  my  compatriots  of  Puebla 
that  they  possess,  and  will  always  possess,  my  affections. 

"  PUEBLA,  7th  June,  1804."  "  CABLOTA. 

Her  acts  of  charity  were  unbounded.  It  was  the 
greatest  pleasure  of  her  life  to  relieve  suffering  humani 
ty.  In  this  respect  she  was  remarkable. 

The  Paseo,  or  pleasure-walk  of  the  city  of  Mexico, 
with  its  shrubbery  and  flowers,  is  another  illustration  of 
her  generosity,  her  taste,  and  her  desire  to  please  her 
subjects.  Before  she  arrived  in  that  city,  not  a  flower 
nor  bush,  save  the  large  trees,  graced  that  pleasure- 
ground,  nor  the  grand  square,  in  front  of  the  palace. 
She  scattered  there  her  own  funds;  from  which  have 
sprung  up  sweet-scented  flowers  and  green  bushes,  that 
delight  and  attract  the  multitude,  after  the  weary  hours 
of  labor  are  ended.  One  can  now  scarcely  visit  those 
pleasure-grounds,  who  saw  them  a  few  years  ago,  without 
bringing  to  mind  the  good  heart  that  beautified  them. 

I  once  heard  a  very  intelligent  gentleman  say,  in  the 
city  of  Mexico,  that  if  that  country  had  ever  had  a 
President  with  half  the  ambition,  energy,  and  honesty 
of  the  Empress,  it  would  be  in  a  far  more  prosperous 
condition  than  it  is,  or  ever  had  been. 

Her  intellectual  capacity  was  certainly  great,  and  her 


44  MAXIMILIAN. 

/ 

administrative  abilities  of  no__mean  order,  added  to  a 
remarkable  politirml  sncrnrMty  She  was  not  surpassed 
by  any  living  woman,  in  those  qualities.  Had  she  been 
a  man  at  the  head  of  a  powerful  government,  she  would 
have  been  considered  the  leading  sovereign  of  th^  age. 
With  all  these  qualities,  usually  sought  for,  and  more 
generally  expected  to  be  found  in  the  other  sex,  she  did 
not  fail  to  possess  that  grace  and  refinement  of  manner, 
at  all  times  and  under  all  circumstances,  which  are  the 
peculiar  attributes  of  an  accomplished  lady. 

The  brightest  jewel  she  possessed  nature  gave  her. 
It  was  CHARITY.  Wherever  she  went,  the  squalid  face 
of  poverty  received  an  illuminating  smile  of  happiness 
from  the  reflection  of  that  ornament.  A  view  of  her 
beaming  face  always  produced  a  pleasant  thought.  The 
influence  of  her  presence  was  like  that  of  the  rising 
sun,  as  it  comes  rolling  up,  spreading  its  soft  genial  rays 
all  around,  dispelling  the  bitter  coolness  of  the  morn. 

The  Empress  was  by  no  means  possessed  of  idle  habits. 
She  was  usually  up  at  half-past  six,  and  at  seven  in  the 
saddle,  taking  her  exercise,  accompanied  by  her  lady  of 
honor  and  an  officer.  For  many  days  she  would  ride 
every  morning  ;  and  then,  for  a  period,  only  every  other 
day.  Between  eight  and  nine  in  the  morning  was  the 
time  for  prayer;  then  came  breakfast,  which  she  usually 
ate  alone — sometimes  with  one  of  her  ladies'  of  honor. 
After  which,  accompanied  by  one  of  those  ladies,  she 
visited  in  her  carriage  the  schools,  hospitals,  and  the 
poor  people  that  were  in  want,  at  their  respective  homes ; 
or  attended  to  some  business  affair  pertaining  to  the 
Society  of  Charity,  of  which  she  was  president.  At 
two  o'clock  she  went  out  to  the  palace  of  Chepultepec, 
where  she  usually  resided,  or  at  least  spent  the  most  of 
her  time.  At  half-past  three  she  dined  in  company  with 
the  Emperor,  and  frequently  with  friends  invited  by  His 
Majesty.  After  dinner  she  promenaded  in  the  grove 


MAXIMILIAN.  45 

around  the  palace ;  then  returning  to  the  palace,  would 
read  awhile,  or  use  the  pencil  or  brush,  for  Avhich  she 
had  a  fondness.  Her  general  hour  for  retiring  was  nine. 

She  carefully  read  the  newspapers,  and  scanned  close 
ly  whatever  was  written  upon  the  subject  of  Mexico  and 
its  sovereign.  She  marked  with  a  pencil  every  article 
or  paragraph  which  she  considered  of  any  importance, 
for  the  perusal  of  His  Majesty :  as  he  was  busy,  it  was 
a  saving  of  time  to  have  the  matter,  which  was  worthy 
of  consideration,  brought  immediately  to  his  attention. 
She  was  either  engaged  in  some  of  the  foregoing  occu 
pations,  or  improving  the  flower-gardens.  She  was  ap 
parently  never  idle. 

She  was  accustomed  to  wear,  in  the  summer,  dresses 
of  cambric  muslin ;  and  in  the  winter,  those  of  wool  or 
silk,  but  not  of  a  costly  character.  In  fact,  they  were 
extremely  plain,  but  made  and  fitted  with  remarkably 
good  taste. 

In  the  winter  season  she  gave  soirees  every  Monday. 
She  never  wore  the  same  dress  twice  on  those  occasions. 
She  danced  four  quadrilles  during  the  evening,  which 
was  the  extent  of  that  kind  of  exercise  with  her. 

When  grand  receptions  were  given  at  court,  she  wore 
a  rich  white  satin  dress,  with  low  neck,  trimmed  with 
gold  and  brilliants ;  a  purple  velvet  mantle,  bordered 
with  gold ;  a  diadem  of  brilliants ;  jewelry  of  great 
value ;  the  Grand  Cross  of  San  Carlos,  the  Grand  Starred 
Cross  of  Austria,  and  that  of  Brazil. 

Through  all  that  imperial  splendor,  shone  with  a  far 
brighter  lustre  her  smiling  face,  the  index  of  a  gentle 
and  affectionate  heart. 

The  breath  of  scandal  never  discolored  the  fair  name 
of  the  Empress.  She  was  above  suspicion.  Such  per 
fect  disinterestedness  manifest  in  all  her  acts  of  charity 
— such  superiority  to  all  selfish  considerations — such  zeal 
for  good,  and  such  sanctity  of  life,  were  virtues  which 


46  MAXIMILIAN. 

shone  so  eminently  conspicuous  in  all  her  behavior,  that 
the  unprejudiced  who  have  been  inimical  to  her  form  of 
government,  and  to  the  reign  of  their  Majesties  in  Mex 
ico,  have  been  free  to  credit  her  with  the  perfections 
ascribed  to  her  by  her  friends. 

She  had  two  ladies  of  the  palace,  who  received  each  a 
salary  of  four  thousand  dollars  per  annum.  One  was 
Miss  Josefa  Varela,  and  the  other  Mrs.  Concepcion  P. 
Pacheco.  The  former  is  about  the  age  of  twenty-two, 
of  dark  Mexican  complexion,  from  Texcoco,  which  is 
about  twenty  miles  from  the  capital.  She  is  a  descend 
ant  of  Moctezuma,  and  for  that  reason  was  selected  for 
the  position.  She  said  to  me  that  the  genealogy  of  her 
family  had  been  given  to  the  Emperor.  She  is  a  pleas 
ant  young  lady,  not  at  all  diffident  in  the  presence  of 
strangers,  and  shows  a  knowledge  of  society.  She  had 
received  beneficial  lessons  from  the  Empress,  with  whom 
she  was  a  favorite. 

There  were  numerous  ladies  of  honor  attached  to  the 
Empress,  who  did  not  remain  in  the  palace,  and  who 
received  no  compensation.  They  resided  in  their  re 
spective  homes,  and  went  to  the  palace  on  reception- 
days,  and  whenever  the  Empress  desired  their  company 
in  visiting  the  hospitals  or  other  places  of  charity. 

In  1805,  it  was  considered  necessary  that  a  tour  of 
inspection  should  be  made  through  Yucatan.  His  Ma 
jesty  could  not  well  go,  on  account  of  business  requiring 
his  presence  at  the  capital.  It  was  therefore  decided 
that  the  Empress  should  proceed  to  make  the  tour. 
And  on  the  Cth  of  November  of  that  year,  she,  with  her 
lady  of  honor,  Miss  Josefa  Varela,  started,  escorted  by 
numerous  officers,  among  whom  was  General  Jose  Lopez 
Uraga,  commander  of  the  escort ;  Seiior  Ramirez,  Min 
ister  of  Relations ;  the  Belgian  and  Spanish  Ministers, 
and  several  others,  numbering  twenty-four.  She  was 
received  at  Vera  Cruz  with  great  demonstrations  of  joy; 


MAXIMILIAN.  47 

and  still  more,  and  greater  enthusiasm  at  Yucatan,  con 
sidering  the  number  of  the  population. 

On  her  arrival  at  Merida,  in  Yucatan,  she  was  ele 
gantly  yet  plainly  attired.  She  wore  a  white  dress  with 
blue  trimmings,  and  a  graceful  hat,  likewise  decked  with 
blue.  Her  person  was  unadorned  with  jewelry.  She  was 
received  by  a  large  concourse  of  people — women  and 
children  surrounding  her,  with  their  offerings  of  sweet- 
scented  bouquets ;  the  military  in  their  full-dress  uni 
form  :  and  in  short,  the  whole  community  were  out  to 
gaze  on  her  with  perfect  admiration. 

Her  Majesty  was  received  at  the  entrance  of  the  cathe 
dral  by  the  Rev.  Dr.  Lerado  Rodriguez  de  la  Sala ;  and 
as  a  religious  ceremony  was  performed  therein,  that 
temple  was  crowded  to  its  utmost. 

She  was  addressed  by  the  political  Prefect.  And 
while  in  her  apartments,  on  the  23d  of  November,  the 
multitude,  anxious  to  gaze  on  her,  and  to  hear  some 
pleasant  word  from  her,  called  loudly  for  her ;  and  for 
their  gratification  she  presented  herself  upon  the  bal 
cony,  and  spoke  as  follows  : 

"  We  have  long  wished  to  visit  you,  in  order  to  study 
your  necessities  and  learn  your  desires.  The  Emperor 
being  prevented  from  effecting  this  important  object, 
has  sent  me  to  you  to  present  you  his  cordial  greetings, 
I  assure  you  from  my  heart  that  he  deeply  regrets  that 
he  cannot  be  here  with  me,  to  tell  you  how  great  is  his 
affection  toward  you.  He  will  regret  it  still  more  when 
I  inform  him  of  the  enthusiastic  reception  you  have 
given  me.  He  desires,  and  by  all  means  will  endeavor, 
to  secure  the  prosperity  and  happiness  of  the  people  of 
Yucatan." 

She  visited  the  hospitals,  prisons,  houses  of  the  needy, 
and  made  donations  for  them.  She  donated  the  sum  of 
two  thousand  and  five  hundred  dollars  for  the  establish 
ment  of  a  free-school  for  girls ;  three  thousand  dollars 


48  MAXIMILIAN. 

to  the  general  hospital;  three  thousand  dollars  to  be 
distributed  among  the  poor;  one  thousand  dollars  to 
complete  the  cathedral ;  besides  many  smaller  presents 
to  persons  in  the  house  where  she  remained  during  her 
stay  there. 

The  following  language  from  the  "Yucatanos,"  ad 
dressed  to  the  Empress,  is  illustrative  of  their  good  feel 
ing  toward  her : 

"  The  daughter  of  a  King,  the  wife  of  a  Monarch ! 
Beautiful  and  affectionate  Carlota !  As  the  ship  which 
brought  you  to  our  shores  appeared  in  our  horizon,  we 
saluted  you  as  the  aurora  of  our  happiest  day ;  as  you 
touched  the  sand  of  our  port,  we  received  you  as  the 
sovereign  benefactor  who  filled  us  with  hope  ;  on  hear 
ing  your  sweet  and  consoling  words  which  you  ad 
dressed  us  at  the  foot  of  the  throne,  we  listened  to  you 
as  the  cherub  of  benevolence ;  and  to-day,  Madam,  as 
you  give  us  new  proof  of  your  goodness,  saving  us  from 
a  great  affliction,  we  contemplate  you  as  the  white  and 
pure  dove  of  the  ark,  the  bearer  of  peace,  and  of  recon 
ciliation  between  God  and  man.  Blessed  be  thou,  Im 
perial  dove !  Blessed  be  thou,  beneficent  Empress ! 
Were  it  possible  for  us  to  cover  your  road  with  pearls  and 
diamonds  we  would  do  it  with  pleasure,  in  order  that 
your  feeling  might  palpitate  the  demonstration  of  our 
gratitude ;  but  since  that  cannot  be,  you  will  compre 
hend,  just  and  elevated  spirit,  the  gratitude  of  our 
hearts.  The  mothers,  the  wives,  and  the  sons  of  the 
poor,  salute  you  as  their  redeemer. 

"  Accept,  Madam,  our  wishes. 

"  MERIDA,  November  26th,  1865." 

Her  Majesty  left  Merida  on  the  4th  of  December,  in 
the  morning,  for  the  city  of  Campeachy,  passing  through 
Uxmal.  A  large  number  of  young  men,  resident  at 


MAXIMILIAN.  49 

Merida,  voluntarily,  as  a  guard  of  honor,  escorted  her 
to  the  limits  of  that  department.  She  made  a  short 
visit  at  Uxmal,  where  she  also  visited  the  hospital,  the 
schools,  and  gave  money  to  the  poor.  She  ordered 
copies  of  the  things  which  she  saw  there  that  were  note 
worthy.  She  was  particularly  pleased  with  the  palace 
of  the  monks,  and  the  house  called  the  Tortugas,  of 
which  she  had  drawings  taken. 

While  returning,  on  the  road  from  Vera  Cruz,  where 
she  stopped  a  short  time,  a  poor  woman  offered  her  the 
breakfast  which  she  -had  spread  for  her  own  family. 
The  Empress,  to  please  her,  sat  down  and  ate.  While 
thus  eating,  the  poor  Indian  woman  said,  with  a  great 
deal  of  simplicity,  "  I  like  Your  Majesty  very  much,  be 
cause  you  are  very  good,  and  because  you  have  an  In 
dian  lady  of  honor,  which  proves  that  Your  Majesty 
does  not  dislike,  but  rather  loves  the  Indians."  When 
Her  Majesty  left,  she  gave  twenty  dollars  to  the  woman. 
There  is  no  doubt  of  one  fact,  that  the  Indians  became 
much  pleased  with  her  and  the  Emperor,  011  acquaint 
ance  with  them.  Their  Majesties,  on  all  occasions,  were 
particular  to  see  that  that  class  of  people  were  prop 
erly  treated. 

In  the  city  of  Puebla,  she  extended  her  visit  to  the 
hospitals ;  decorated  some  soldiers  who  had  distinguished 
themselves  for  bravery ;  also  some  ladies  who  had  given 
their  services  to  the  care  of  the  sick  and  wounded 
soldiers,  and  several  civil  officers  who  had  shown  a 
great  zeal  in  the  advancement  of  the  welfare  of  the 
country. 

She  requested  to  see  the  Americans  that  were  living 
near  and  around  Orizaba  and  Cordova ;  some  of  whom 
were  engaged  in  the  service  of  the  railroad  company. 
Many  of  them  had  but  a  small  amount  of  means,  which 
they  had  use  for  otherwise  than  expending  for  fine  wear 
ing  apparel,  and  did  not  consider  that  they  were  suit- 


50  MAXIMILIAN. 

ably  arrayed  to  enter  the  presence  of  Her  Majesty. 
When  she  was  informed  of  that  fact,  she  said,  "  Tell  them 
to  come  without  fine  clothes."  She  had  the  faculty  of 
pleasing  every  one. 

She  reached  the  capital,  on  her  return,  about  the  first 
of  the  following  year.  Soon  after  that,  the  sad  intelli 
gence  of  her  father's  death  was  communicated  to  her. 
It  was  a  heavy  blow  to  her,  and  it  affected  her  long  and 
seriously.  Having  lost  her  mother  at  an  early  age,  she 
cherished  more  than  ordinary  love  and  affection  for  that 
remaining  parent. 

She  founded  the  House  of  Maternity;  and  watched 
like  a  nursing-mother  over  those  that  needed  assistance 
from  the  hand  of  charity. 

As  President  of  the  General  Council  of  Charity,  she 
made  a  written  report  to  His  Majesty,  on  the  14th  of 
April,  1866,  setting  forth  briefly  what  had  been  done, 
and  the  condition  of  the  society ;  saying  therein,  "  I 
have  presided  at  the  various  meetings  which  occurred 
in  1865,  up  to  the  time  of  my  departure  for  Yucatan." 
Thereby  showing  that  she  never  failed  to  be  present, 
doing  duty  in  the  regular  works  of  assistance  to  the 
needy. 

Her  energy  was  unbounded ;  she  was  ever  ready  to 
promote  the  happiness  of  the  people,  improve  the  condi 
tion  of  the  country,  and  develop  its  resources.  It  be 
came  necessary  for  His  Majesty  to  have  a  confidential 
representative  in  Europe,  arid  to  make  some  explana 
tions  and  requests  of  Napoleon.  She  was  prepared 
and  willing  to  undertake  the  task.  With  that  view 
she  left  the  palace  of  Chapultepec  at  three  o'clock 
on  the  morning  of  the  8th  of  July,  1866,  for  the 
church  of  Guadalupe,  in  the  village  of  the  same  name, 
about  a  league  to  the  north  of  the  capital.  She  there 
attended  Mass.  At  the  conclusion  of  that  ceremony 
she  took  her  departure  for  Vera  Cruz.  His  Majesty  ac- 


MAXIMILIAN.  5 1 

companied  her  as  far  as  Rio  Frio,  and  there  saw  her  for 
the  last  time— Ay,  a  parting  forever !  Little  was  such 
his  thought  then.  She  sailed  from  Yera  Cruz  on  the 
13th  of  the  month,  in  company  with  the  Minister  of 
State,  Castillo;  Count  de  Yalle,  the  Grand  Chamber 
lain  ;  Falip  U.  del  Barrio,  Chamberlain ;  Mrs.  Gutierrez 
Estrada  y  Barrio,  Lady  of  Honor;  and  Doctor  Bow- 
slaveck.  At  Orizaba,  she  asked  for  the  prayers  of  her 
friends,  saying,  "I  shall  need  them."  From  Havana 
she  wrote  to  the  Emperor,  and  also  to  her  lady  of  honor, 
Miss  Josefa  Varela— the  pet  name  of  "  Josefa"  being 
Pepita.  The  letter  to  the  latter  was  in  the  following 
words : 

"  MY  DEAR  PEPITA  : 

"  Only  a  few  words,  before  the  steamer  leaves.  I 
am  quite  well,  and  ever  thinking  of  you  all.  I  had  only 
one  day  of  sickness.  The  heat  is  intense,  and  the  voy 
age  a  long  one.  It  is  only  out  of  pure  patriotism 
that  one  undertakes  these  things  with  feelings  of  pleas 
ure.  From  this  to  St.  Thomas  will  be  the  last  sojourn 
over  American  seas  !  All  the  Spanish  authorities  have 
treated  me  with  the  utmost  deference ;  although  I  did 
not  land,  as  the  Emperor  did  not  wish  me  to  do  so. 
The  bay  is  very  beautiful,  and  I  should  also  say  the 
town,  where  there  exist  fortunes  of  twenty-five  millions 
and  upwards.  I  have  received  visits  from  the  principal 
personages.  Many  of  the  dignitaries  had  walking-sticks, 
which  reminded  me  of  Mexico,  and  pleased  me.  The 
Bishop  was  very  polite.  There  also  seems  to  exist  here 
a  great  reverence  for  the  temporal  authorities.  I  have 
also  seen  the  President  of  the  "  Royal  Audience :"  he  re 
minded  me  of  the  ancient  history  of  our  country.  He 
also  sports  a  tortoise-shell  walking-stick,  which  from  its 
exquisite  loveliness  must  be  from  Yucatan.  Talking  of 
this  peninsula,  I  must  tell  you  that  I  have  seen  Arthur 


52  MAXIMILIAN. 

Peon,  who  was  overjoyed  to  see  me.  He  seems  satis 
fied  with  the  state  of  things  at  home.  The  gratitude  of 
the  Yucatecos  to  me  has  given  me  great  pleasure.  One 
of  the  chamberlains  from  Campeche,  Seiior  Lavalle,  is 
to  come  on  board  to-day,  on  his  voyage  to  France. 
You  can  form  no  idea  of  the  state  of  the  road ;  from 
Cordova  all  the  carriages  of  my  gentlemen  were  upset. 
My  coachman  assured  me  that  it  was  only  through  the 
help  of  the  Virgin  that  I  was  not  upset.  I  suppose  he 
meant  the  Guadalupe  one. 

"Good-bye,  my  dear  Pepita;  my  heart  remains  in 
Mexico.  Write  to  me,  and  believe  in  the  affection  of 

"  CARLOTA." 

After  her  arrival  in  Europe,  she  had  several  interviews 
with  Napoleon,  accompanied  by  her  minister,  Castillo, 
relative  to  important  business  concerning  the  Empire  of 
Mexico.  The  object  of  her  voyage  was  generally  un 
derstood  to  be  for  the  purpose  of  prevailing  upon  Na 
poleon  to  furnish  Maximilian  with  more  funds,  and  also 
to  induce  him  to  prolong  the  period  of  the  stay  of  the 
French  troops  in  Mexico.  She  left  her  adopted  home 
with  a  great  deal  of  solicitude. 

Z^She  saw  near  at  hand  a  powerful  republic,  having  no 
reverence  for  monarchical  institutions,  and  whose  diplo 
matic  correspondence  was  in  the  highest  degree  threat 
ening  to  the  tranquillity  of  her  homeT^  The  situation  of 
Maximilian  was  critical,  requiring  immediate  succor. 
The  reflection  that,  although  the  distant  auxiliaries 
which  she  hoped  for  might  possibly  be  obtained,  and 
yet  that  their  possession  might  not  be  a  positive  guar 
antee  to  the  stability  of  the  Empire,  was  productive  of 
the  most  serious  consequences. 

It  was  said  that  such  thoughts,  added  to  her  ill-success, 
were  more  than  her  agitated  brain  could  support ;  and 
that  in  consequence  thereof,  despondency  and  dejection 


MAXTMILIAX.  53 

became  so  oppressive,  that  her  mental  faculties  com 
pletely  succumbed  to  the  weight.  It  has  since  been 
doubted  that  the  foregoing  excitement  was  the  cause  of 
the  loss  of  her  mind.  Of  that,  more  will  be  said  here 
after. 

Her  Majesty  reached  Miramar  on  the  loth  day  of 
August.  Orders  were  given  at  Vienna  to  the  officers 
of  the  navy,  to  receive  her  in  a  manner  becoming  to  her 
rank.  The  morning  of  that  day  was  serene ;  but  by  the 
time  Her  Majesty  neared  the  surrounding  waters  that 
laved  the  walls  of  Miramar,  where  the  Austrian  squad 
ron  were  stationed,  the  angry  clouds  had  gathered, 
the  whistling  wind  became  furious,  and  the  boisterous 
storm  nearly  drowned  the  roar  of  the  loud-mouthed 
cannon. 

On  the  16 th  of  September,  the  anniversary  of  the  in 
dependence  of  Mexico,  the  Empress  gave  a  grand  cele 
bration  in  honor  of  the  day,  at  Miramar.  Mass  was 
said  at  the  chapel,  in  the  morning ;  and  in  the  afternoon 
a  banquet  was  given,  where  were  assembled  the  Mexi 
cans  who  were  there  temporarily,  the  Mexican  Consul 
at  Trieste,  the  Mexican  Minister  near  Austria,  the  Pre 
fect  of  Trieste,  and  several  others.  The  Mexican  colors 
were  waving  over  the  castle,  and  salvos  of  artillery  were 
echoed  and  re-echoed  over  sea  and  land. 

On  the  18th  of  September,  the  Empress  and  suite, 
which  was  composed  of  the  same  parties  who  left  Vera 
Cruz  in  her  company,  and  D.  Jose  Blasio,  two  valets  de 
chambre,  four  Mexican  and  two  Italian  servants,  started 
for  Rome.  As  there  were  several  cases  of  cholera  at 
Trieste,  the  vessels  sailing  from  that  port  to  Ancona 
were  required  to  remain  in  quarantine  a  few  days  in  the 
latter  port ;  in  consequence  thereof,  Her  Majesty  pre 
ferred  to  make  the  trip  by  land.  They  travelled  in 
post-carriages  through  Tyrol,  where  there  was  no  rail 
road,  stopping  at  Bingston,  Botzen,  Verona,  Mantua— 


54  MAXIMILIAN. 

crossed  the  Po,  and  passed  through  Reggia  to  Bolognn, 
where  they  took  a  special  train  of  ears  to  Ancona. 

The  first  symptom  of  derangement  was  observed  at 
Botzen,  in  the  room  where  she  stopped.  She  remarked 
to  Mrs.  Estrada  y  Barrio,  "  I  do  not  wish  to  go  to  Rome, 
because  I  am  afraid  they  will  poison  me.  I  wish  to  go 
back  to  Miramar."  The  Minister  Castillo  observed 
that  he  thought  it  a  strange  remark ;  but  that  he  did  not 
think  her  mind  was  affected.  At  Ancona  was  a  deputa 
tion  in  waiting  to  receive  Her  Majesty,  composed  of  Mr. 
Valasquez  de  Leon,  the  Mexican  Minister  near  the  Papal 
See ;  Bishop  Ramirez ;  Don  Maria  Degollado,  and  many 
others;  all  of  whom  were  transported  by  the  cars 
through  the  Apennines,  to  Rome.  In  all  the  towns 
through  which  her  Majesty  passed,  she  was  received  by 
civic  and  military  bodies,  with  great  honors,  amid  cheer 
ing,  cannonading,  and  musical  demonstrations. 

At  Rome,  the  diplomatic  corps  and  other  distin 
guished  persons  presented  themselves,  and  paid  her 
marked  attention.  She  was  thus  far,  with  the  exception 
mentioned,  to  all  appearances  well,  giving  not  the  slight 
est  evidence  of  insanity.  She  addressed  the  visitors  in 
their  respective  languages,  which,  to  them,  was  highly 
pleasing.  On  her  fourth  day  in  Rome  there  was  a  sud 
den  change  in  her  actions.  She  spoke  of  a  desire  on  the 
part  of  some  of  her  party  to  poison  her.  She  said  that 
Mrs.  Kuhachevich,  Count  de  Yalle,  and  Dr.  Bowslaveck, 
had  been  hired  by  Napoleon  to  poison  her.  As  she  said 
this,  she  addressed  herself  to  Mrs.  Kuhachevich.  She 
then  requested  the  Mexican  minister  near  Rome,  and 
Cardinal  AntonelH,  to  have  the  three  suspected  persons 
arrested.  After  that,  those  three  kept  from  her  sight. 
About  three  days  afterward  she  called  at  the  Vatican, 
to  see  the  Pope.  She  said  to  Lira,  that  she  did  not  wish 
to  leave  his  residence,  as  it  was  the  only  safe  place 
where  she  could  remain  without  being  poisoned.  She 


MAXIMILIAN.  55 

remained  there  all  night,  sitting  on  the  sofa,  accom 
panied  by  Mrs.  Estrada  y  Barrio,  the  Minister  of  State, 
Castillo,  and  Mr.  Barrio,  the  Chamberlain. 

On  the  following  morning,  they  all  returned  to  the 
hotel  where  Her  Majesty's  apartments  were,  known  as 
the  "  Albergo  di  Roma."  She  was  afraid  to  eat  or  drink 
anything  given  her  from  the  hotel.  She  rode  out  every 
day,  in  her  carriage,  with  Mrs.  Estrada  y  Barrio,  taking 
a  jar  to  the  public  fountain,  and  filling  it  with  water, 
which  she  carried  to  her  room  to  drink.  She  also  pur 
chased  chestnuts  in  the  streets,  which  she  took  to  her 
apartments  to  eat.  They  are  a  common  article  of  food 
in  Italy,  and  very  excellent.  She  selected  one  of  her 
servants  in  whom  she  had  confidence,  and  whom  she 
daily  sent  for  meat,  vegetables,  eggs,  etc.,  which  were 
brought  to  her  room,  and  cooked  in  her  presence.  These 
articles  thus  prepared  she  ate  without  fear. 

She  remained  in  Rome  about  twenty  days ;  when  her 
brother,  the  Duke  of  Flanders,  arrived  there,  and  after 
one  day's  preparation,  embarked  with  her  at  Ancona 
for  Trieste.  He  took  her  to  the  castle  of  Miramar,  and 
provided  her  with  the  best  physicians  that  could  be 
procured. 

At  the  request  of  the  King  of  Belgium,  Dr.  Bulkens, 
Director  of  the  House  of  the  Insane,  at  Gheel,  proceeded 
to  the  castle  of  Miramar,  to  take  charge  of  the  Empress. 
He  returned  to  Belgium  with  her,  on  the  31st  of  July 
last,  when  she  was  placed  in  apartments  prepared  for 
her  at  the  palace  of  Tervueren.  She  was  accompanied, 
also,  on  her  return,  by  the  Queen  of  Belgium.  King 
Leopold,  and  the  Prince  of  Wales  went  out  to  the  fron 
tier  to  meet  them.  Orders  were  given  that  no  noise 
should  be  made  at  the  stations  on  the  line  of  railroads. 
The  court  carriage  drove  so  close  to  the  car  at  the  sta 
tion  of  Groenendal,  that  the  Empress  passed  into  it  un 
noticed.  That  station  is  near  the  line  of  Luxemburg, 


56  MAXIMILIAN. 

and  about  three  miles  from  the  said  palace,  and  situate 
in  an  open  space  in  the  woods  of  Soignes. 

The  palace  of  Tervueren  and  its  surroundings  present 
one  of  the  most  picturesque  views  in  the  neighborhood 
of  Brussels.  It  belongs  to  the  national  domain ;  but, 
by  a  law,  it  was  placed  at  the  disposition  of  the  royal 
family.  During  certain  seasons  of  the  year  the  princes 
of  the  family  of  Orange  occupied  it,  prior  to  the  revolu 
tion  of  1830.  It  has  been  preserved  in  the  same  condi 
tion,  with  scarcely  a  change,  as  it  was  then  seen.  The 
traveller,  until  recently,  has  been  denied  the  privilege  of 
gazing  at  its  gorgeously  glittering  ballroom,  and  the 
elegant  apartments  where  the  Princess  of  Orange  nestled 
in  her  splendor. 

It  has  been  said  that  it  was  erected  for  the  accommo 
dation  of  the  mighty  hunters  of  royal  privileges,  Around 
that  mass  of  adornment  extends  a  large  and  beautiful 
park,  protected  by  a  wall ;  and  over  its  grassy  lawns 
leap  the  bounding  game,  in  variety  innumerable,  and 
pass  their  hours  of  slumber  in  greater  quietude,  per 
haps,  than  their  royal  owner,  and  frisk  in  greater 
merriment,  save  when  the  rifle's  crack  carries  them  to 
that  owner's  banquet. 

The  Empress  seemed  to  be  aware  of  the  death  of  her 
husband,  but  believed  that  it  was  caused  by  sickness. 
At  times  she  suffered  from  violent  fits  of  raving,  and  be 
came  quite  prostrated,  and  almost  inconsolable  on  ac 
count  of  the  absence  of  the  Emperor.  But  in  moments 
of  calmness  she  seemed  reconciled  to  her  misfortunes. 

Her  physicians  have  lately  attributed  her  insanity  to 
the  effect  of  poison.  They  are  of  opinion  that  her  phys 
ical  condition  evidenced  that  fact.  Dr.  Bulkens  has 
said  that  there  were  great  hopes  of  her  being  restored 
to  her  natural  mind. 

There  are  rumors  afloat  in  Mexico,  and  have  been  for 
many  months,  in  support  of  the  opinion  of  the  European 


MAXIMILIAN.  57 

physicians,  as  to  the  cause  of  her  derangement.  In  the 
fall  of  1866,  His  Majesty  Maximilian  received  an  anony 
mous  letter,  stating  that  the  Empress  had  been  poisoned 
in  Cuernavaca.  The  lady  who  wrote  that  letter  com 
municated  the  fact  of  her  writing  and  sending  it  to  an 
acquaintance  of  mine.  She  had  heard  statements  which 
appeared  to  her  quite  satisfactory  that  poison  had  been 
administered  to  the  Empress.  Her  insanity,  as  eminat- 
ing  from  such  a  source,  had  been  talked  about  in  Mexico, 
before  the  news  of  its  actual  occurrence  could  have  been 
conveyed  from  Europe  to  that  country.  It  was  the 
opinion  in  Mexico  that  she  had  eaten  fruit  in  which  had 
been  placed  some  of  the  juice  of  a  tree  known  by  the 
name  of  palo  de  leche — the  milk-tree. 

The  Mexican  journals  have  recently  denied  that  she 
was  poisoned  in  their  country,  by  their  people.  They 
allege  that  they  do  not  conquer  a  foe  in  that  way ;  but 
they  are  of  opinion  that  Napoleon  or  Bazaine  performed 
the  barbarous  work, — believing  that  either  of  them  would 
pursue  such  a  course  to  carry  out  their  political  plans. 
They  seem  to  harbor  no  doubt  that  Bazaine  would  do 
it,  and  really  think  he  did.  They  ask,  what  would  not 
a  general  do,  who  would  offer  to  sell  out  the  Emperor 
Maximilian,  under  whom  he  was  acting,  to  the  Liberal 
general,  Porfirio  Diaz  ? 

The  world,  outside  of  Mexico,  will  hardly  credit  any 
story  that  charges  Napoleon  or  even  Bazaine  with  suclx 
barbarous  cruelty  as  that;  although  the  character  of 
the  latter,  in  Mexico,  is  not  enviable. 

The  death  of  the  Emperor  is  a  heavy  weight  on  the 
crazed  brain  of  the  Empress.  His  image  is  permanently 
mirrored  thereon,  whether  in  the  brief  moments  of  tran 
quillity,  or  during  the  raging  storm  of  her  intellect, 
Will  she  forget  him  ? 


58  MAXIMILIAN. 

"No — of  the  one,  one  only  object  traced 
In  her  heart's  core  too  deep  to  be  effaced ; 
The  one  whose  memory,  fresh  as  life,  is  twined 
With  every  broken  link  of  her  lost  mind  ; 
Whose  image  lives,  though  Reason's  self  be  wrecked, 
Safe  'mid  the  ruins  of  her  intellect !" 

Let  us  hope  that  she  who  dealt  so  lavishly  unto  the 
needy,  may  receive  from  the  Giver  of  all  perfect  gifts, 
that  aid  which  will  enable  her  soon  to  show  forth  her 
mind  in  all  its  former  lustre. 


CHAPTER   IV. 

MIRAMAR. 

r  I  THE  castle  of  Miramar,  the  palatial  residence  of  Fer- 
-L  dinand  Maximilian,  before  he  ascended  the  throne 
of  Mexico,  is  situated  a  league  distant  from  the  city  of 
Trieste,  on  a  rocky  promontory,  the  base  of  which  the 
Adriatic  Sea  laves  with  its  foamy  waves,  holding  pho 
tographed  beneath  its  sheeny  surface,  in  the  quietude  of 
its  cairn,  the  turreted  castle  and  wavy  sky. 

Through  all  the  spacious  halls  of  that  architectural 
pile,  in  the  silent  hours,  the  whisperings  of  the  ever- 
murmuring  sea  fall  upon  the  ear.  And  as  its  owner's 
chain  of  slumber  now  and  then  lost  a  link  by  the  pil 
fering  hand  of  wakefulness,  he  would  half  forget  whether 
he  was  balancing  on  the  oaken  beams  of  the  Austrian 
fleet,  o'er  the  heaving  sea,  or  quietly  nestling  within 
those  castellated  walls,  supported  by  a  terrestrial  base. 
And  as  the  blue  deep  was  his  accustomed  element,  it 
was  a  pleasure  to  him,  while  resting  from  professional 
labors,  at  home  among  the  flower-beds,  to  gaze  at  the 
mysterious  sea,  and  listen  to  its  variant  notes  as  they 
changed  from  gentle  murmurs  to  the  sullen  roar  of  the 
storm. 

Scarcely  a  dozen  years  have  been  recorded  in  the  past, 
since  the  grounds  of  Miramar  were  observed  untouched 
by  the  decorative  hand  of  Art ;  and  the  drapery  of  Na 
ture  was  then,  by  no  means,  gorgeous. 

The  castle  is  built  of  stone,  is  cream-colored,  and 
stands  facing  the  west,  sixty  feet  high,  with  a  front 


CO  MA3TMILIAX. 

about  eighty-four  feet  wide,  flanked  by  a  tower  that 
rises  nearly  one  hundred  and  forty  feet  above  the  water's 
edge,  and  is  not  far  from  twenty-four  feet  square.  The 
castle  and  tower  are  surmounted  with  a  perforated  para 
pet,  with  turret ed  corners  and  ornamental  pendants  on 
the  cornice.  It  is  only  half  the  size  of  the  original  plan, 
the  intention  having  been  to  extend  it  on  the  east. 

On  the  front  of  the  edifice  is  inscribed,  in  large  gilt 
letters,  the  day  and  hour  when  Maximilian  accepted  the 
crown  of  Mexico. 

On  the  first  floor,  in  the  tower,  is  a  small  drawing- 
room,  which  was  much  occupied  by  Carlota,  and  which 
opens  into  a  saloon  in  the  main  building.  The  room 
adjoining  the  latter  on  the  north  was  her  sleeping-apart 
ment,  and  the  next  one  her  dressing-room,  which  joined 
that  of  her  servant. 

In  the  second  story,  and  in  the  rear  of  the  latter  room, 
was  the  wardrobe  of  Her  Majesty.  The  northern  part 
of  the  front  building  is  divided  into  three  stories — the 
southern  part  into  two ; — the  grand  saloon  being  in  the 
latter  division,  extends  to  the  cornice,  a  height  of  nearly 
forty  feet,  is  forty-five  feet  by  twenty-six,  and  is  deco 
rated  with  fine  paintings  and  elegant  furniture. 

A  closed  balcony,  about  nine  by  twelve  feet  in  dimen 
sions,  supported  by  four  stone  columns,  embellishes  the 
front  of  the  castle.  It  has  three  windows  looking  out 
upon  the  sea,  and  two  on  either  side. 

The  centre  building  contains,  on  the  first  floor,  the 
library  and  dining-room,  each  being  twenty-five  by  fifty 
feet.  Over  the  dining-room  is  an  unfinished  saloon. 
The  chapel  and  sleeping  apartment  of  Carlota  open  into 
the  dining-room.  The  private  room  of  Maximilian  was 
east  of  and  adjoining  the  library.  He  accepted  the 
crown  of  Mexico  in  the  sleeping-apartment  of  Carlota, 
the  same  having  been  first  arranged  and  decorated  for 
the  occasion. 


MAXIMILIAN.  61 

The  library  contains  a  large  collection  of  books  writ 
ten  in  the  various  ancient  and  modern  European  lan 
guages,  among  which  are  the  works  of  Munguia  and 
other  Mexican  authors :  also  quite  an  extensive  museum 
of  natural  curiosities, — stuffed  birds,  reptiles,  and  other 
animals,  many  of  which  came  from  Mexico. 

The  artistic  skill  of  the  Grecians  and  Romans  also 
contributes  to  swell  the  list  of  ornaments. 

The  Mexican  coat-of-arms,  woven  in  rich  brocade, 
adorns  the  walls  of  several  apartments. 

The  paintings  from  the  hands  of  the  Italian  masters 
attest  the  elegant  taste  of  the  owner  of  that  mansion, 
which  is  so  richly  embellished  with  them. 

A  carriage-road  about  twenty  feet  wide  encircles  the 
castle,  and  is  skirted  with  rose-bushes  on  the  south  side 
of  the  edifice.  In  the  rear  of  the  buildings  is  a  circular 
parterre,  nearly  fifty  yards  in  diameter,  girted  with 
flower-beds  ;  in  the  centre  of  which  is  a  fountain  throw 
ing  its  silvery  dews  on  the  surrounding  shrubbery  and 
Flora's  richly  painted  hues. 

Near  the  stairway  on  the  north  side,  which  leads  down 
to  the  sea,  may  be  seen  a  beautiful  marble  statue  resting 
in  a  niche.  Near  by  the  stairway  is  a  small  parterre 
measuring  some  thirty  by  fifteen  yards,  oval  in  form, 
and  containing  exquisite  flowers  that  perfume  the  salt 
sea  air,  and  flavor  your  breath  momentarily  as  your 
bark  glides  from  the  rocky  base  out  into  the  deep  blue. 

From  the  larger  parterre,  in  the  rear  of  the  castle,  ex 
tends  a  bower  of  roses  to  the  summer-house,  which  is 
also  arched  with  the  same  bush  and  flower. 

South  of  the  castle,  several  hundred  yards  distant, 
are  large  stables  built  of  stone  and  brick,  situated  near 
the  road  that  circles  around  the  sea  to  Trieste. 

A  serpentine  road  leads  to  the  garden,  which  is  back 
a  short  distance,  on  rising  ground.  It  possesses  many 
plants  from  the  tropical  climes.  The  maguey,  the  olean- 


62  MAXIMILIAN. 

der;  and  the  cacltis  remind  one  of  Mexico,  although  the 
maguey  \\as  brought  by  Maximilian  from  Dalmatia. 
The  premises  contain  a  few  fruit-trees  only.  Several 
oaks  and  pines  shade  the  ground  here  and  there.  A 
marble  statue  of  Napoleon  I.  stands  back  some  distance 
from  the  castle,  looking  as  if  it  had  command  of  the 
surrounding  hills.  Numerous  pieces  of  Egyptian  and 
Grecian  sculpture  are  scattered  over  the  ground,  appear 
ing  as  though  they  had  rested  there  for  ages,  but  which 
Maximilian  had  gathered  in  his  different  voyages  to  the 
lands  of  the  ancient  artists. 

Hall  a  mile  or  more  from  the  sea  stands  a  beautiful 
cottage,  occupied  by  Maximilian  while  the  castle  was 
building.  He  was  there  watching  and  directing  the 
erection  of  that  elegant  edifice,  exhibiting  a  high  degree 
of  Architectural  taste  and  judgment.  He  had  no  partic 
ular  fondness  for  the  Gothic  style.  A  mile  from  the 
castle,  near  the  garden  grounds,  is  a  private  railway 
station,  for  the  accommodation  of  the  premises  ;  ^also  a 
telegraph -office. 

It  has  not  been  the  intention  of  the  author  to  give 
herein  a  minute  or  professional  description  of  the  archi 
tectural  splendor  represented  in  the  engraving,  but  only 
to  portray  in  general  terms  some  of  the  main  features 
thereof,  couched  in  plain  language,  unmlngled  with  tech 
nical  expressions. 


CHAPTER   Y. 

Cause  of  intervention— Assembly  of  Notables  and  their  acts— Monarchy 
adopted— Mexican  deputation  visit  Maximilian— Their  address  to  him— 
His  reply— Second  deputation  sent— Preparations  of  Maximilian  with  his 
family. 

BEFORE  recording  the  history  of  Maximilian,  as  it 
pertains  to  Mexico,  it  will  be  necessary  to  take  a 
cursory  view  of  the  late  political  condition  of  that  coun 
try.  If  we  pass  in  review  that  nation's  record  for  the 
last  fifty  years,  our  illustration  of  its  real  condition 
would  not  be  erroneous  should  we  allege  that  the  sea 
has  been  its  emblem.  The  alternate  storms  and  calms 
Jiave  scarcely  been  more  frequent  of  the  one  than  of  the 
other.  If  the  one  has  been  considered  the  depository 
of  great  riches,  so  has  the  other.  The  treasury  of  both 
lies  buried.  If  the  toilers  in  search  of  wealth  in  the 
elements  of  the  one,  have  been  wrecked,  the  same  has 
likewise  been  the  fate  of  those  who  have  battled  with 
the  elements  in  the  other.  The  diggers  in  the  one,  and 
the  divers  in  the  other,  have  felt  the  effect  of  the  storms. 
The  Liberal  party  built  a  Ship  of  State,  on  which  they 
placed  in  large  gilt  letters,  "  CONSTITUTION."  That 
party  insisted  that  the  Church  party  should  board  her, 
and  it  was  contended  that  the  latter  would  be  safe  on 
her  quarter-deck.  The  Church  party  did  not  have  as 
much  faith  in  these  allurements  as  it  did  in  the  ten  com 
mandments.  The  chiefs  thereof  were  afraid  to  step 
aboard  with  their  funds.  They  were  aware  that  the  ship 
was  heavily  laden  with  a  bottomry  bond  ;  and  that  her 
officers  were  in  pursuit  of  Church  funds  to  discharge 
her.  And,  besides,  they  had  no  confidence  that  the  ves- 


64  MAXIMILIAN. 

sel  would  be  navigated  according  to  the  rules  laid  down 
in  the  "  CONSTITUTION."  Hence  the  disagreement.  Dis 
missing  the  figure  of  speech,  it  is  quite  apparent  that 
disorder  has  been  the  prevalent  condition  of  the  country. 

It  is  well  understood  that  Comonfort  renounced  the 
presidency  in  January,  1858  ;  and  thereupon  the  Church 
party  seized  the  capital  of  the  nation.  Whatever  might 
have  been  the  intention  of  the  Church  party  at  that 
time — whether  to  support  the  Constitution  or  not — they 
certainly  were  not  in  harmony  with  the  Liberals.  It 
has  been  observed  that  the  Church  party  was  not  desir 
ous  of  overthrowing  the  constitutional  government. 
Juarez,  at  the  head  of  the  Liberals,  was  still  declaring 
to  the  people  that  he  stood  upon  the  Constitution,  and 
that  his  organization  was  the  only  legally  constituted 
one.  Which  was  the  government  de  facto  it  is  here  un 
necessary  to  decide!L>\t  that  time  the  decision  was  made 
by  foreign  governments  in  favor  of  the  Church  party.  , 
The  diplomatic  corps  in  Mexico  officially  acknowledged 
no  other.! 

The  treatment  towards  foreigners  resident  became 
such,  in  their  opinion,  that  the  respective  governments 
to  which  they  belonged  deemed  it  necessary  to  interfere 
in  behalf  of  their  subjects.  Thus,  in  1861,  England, 
France,  and  Spain  united  with  a  view  of  demanding 
from  Mexico  payment  for  their  respective  claims,  and 
just  reparation  for  repeated  injuries.  England  required 
satisfaction  on  account  of  what  she  termed  the  illegal 
taking  of  funds  by  Miramon,  who,  on  the  16th  day  of 
November,  1860,  had  laid  his  hands  on  one  hundred  and 
fifty-two  thousand  pounds  sterling,  which  was  the  prop 
erty  of  Englishmen.  England  was  aware  that  highway 
men  were  not  a  small  class  of  individuals  in  Mexico,  but 
she  had  never  learned  that  writers  upon  international 
law  had  laid  it  down  that  an  army  had  a  legal  right  to 
rob  the  house  of  the  British  Legation,  and  that  the  flag 


MAXIMILIAN.  65 

was  no  protection.  The  money  so  taken  was  in  the  house 
of  that  Legation. 

y^The  Mon- Almonte  treaty,  made  at  Paris  in  September, 
1859,  between  Spain  and  the  Church  party,  provided  for 
the  payment  of  Spanish  claims.  The  downfall  of  that 
party  had  the  eifect  to  annul  that  treaty,  in  the  judg 
ment  of  the  reigning  power,  as  they  refused  to  rec 
ognize  it.J  Mexico  had  assumed  the  position  that  the 
home  debt  due  to  her  citizens  should  be  paid  in  prefer 
ence  to  foreign  claims.  Spain,  therefore,  refused  to  sub 
mit  to  what  she  termed  a  denial  of  justice. 

A  Swiss  banker,  named  Jecker,  who  came  to  Mexico 
some  years  ago,  had  amassed  a  fortune  that  was  num 
bered  by  millions.  Such  a  man,  with  such  a  fortune, 
was  not  an  undesirable  friend  for  any  one  wishing  to 
carry  on  bold  and  expensive  undertakings.  Miramon 
considered  the  friendship  of  that  man  of  value,  and  the 
heads  of  the  two  were  brought  together.  Between  the 
financial  abilities  of  the  two,  a  scheme  was  planned  for 
enriching  the  Church  party — at  least  for  the  benefit  of 
Jecker  and  Miramon.  A  decree  was  issued  on  the  29th 
day  of  October,  1859,  at  the  instigation  of  Miramon, 
that  three  million  pounds  sterling  should  be  circulated 
in  bonds.  The  decree  provided  that  the  bonds  should 
be  taken  for  taxes  and  import  duties,  and  that  they 
should  bear  interest  at  six  per  cent,  per  annum ;  it  also 
provided  that  the  house  of  Jecker  would  pay  one-half 
of  the  interest  for  five  years.  Certain  regulations  pro 
vided  that  the  holders  of  these  bonds  could  transfer 
them,  and  receive  in  their  stead  Jecker  bonds ;  this  was 
to  be  done  by  paying  a  certain  percentage.  Jecker  was 
the  person  to  issue  the  said  amount  of  bonds.  He  was 
to  be  paid  five  per  cent,  on  the  issue.  It  appears  that 
the  arrangement  entered  into  was  not  executed,  on  the 
part  of  Jecker,  as  the  provisions  of  the  decree  required. 
At  the  suggestion  of  Jecker,  the  contract  was  modified. 


66  MAXIMILIAN. 

And  the  final  result  of  their  making  and  unmaking  of 
contracts,  was  to  leave  the  Church  party  liable  for  the 
sum  of  three  millions  seven  hundred  and  twenty  thou 
sand  pounds  sterling,  and  Jecker  in  such  condition  as  to 
be  unable  to  comply  with  his  agreement.  In  fact,  his 
house,  in  May,  1860,  suspended  payment.  The  bonds 
went  into  the  possession  of  his  creditors.  The  Liberal 
party  coming  into  power,  refused  to  acknowledge  any 
debt  based  upon  the  foregoing  transactions.  France 
considered  it  a  legitimate  claim  against  the  Mexican 
Government,  regardless  of  the  name  of  the  reigning 
party,  and  that  it  ought  to  be  paid.  France  had  other 
claims  against  Mexico,  amounting  to  twelve  millions  of 
dollars.  The  foregoing  claims,  added  to  the  complaints 
for  maltreatment  of  the  subjects  of  the  three  powers, 
formed  the  basis  of  the  allied  intervention. 

The  Mexican  Government  assumed  the  position  that 
it  never  had  refused  to  enter  into  an  equitable  and  just 
arrangement  with  Mr.  Jecker;  that  is  to  say,  to  pay 
him  the  amount  of  money  actually  advanced  to  the 
Government  by  him,  with  interest,  or  some  compensa 
tion  for  its  use.  That  Government  further  contended 
that  Jecker,  instead  of  applying  to  the  finance  depart 
ment  for  an  arrangement,  or  to  the  court  of  justice,  to 
sue  the  Government,  resorted  to  the  Legation.  France 
proposed  to  take  a  certain  sum,  about  ten  millions  of 
dollars,  payable  out  of  the  proceeds  of  the  custom-house  ; 
and  if  the  proposition  was  not  accepted,  her  intimation 
was,  war  to  destruction. 

Mexico  was  firmly  of  opinion  that  the  claims  demanded 
were  exorbitant,  and  far  more  than  justice  would  dictate. 

I  have  not  herein  set  forth  the  particulars  of  the 
respective  claims  of  the  allied  powers ;  such  a  statement 
is  not  requisite  for  the  purposes  of  this  work.  Xeither 
is  it  my  province  to  weigh  said  claims  in  the  scales  of 
justice.  The  general  nature  of  the  claims  has  been 


MAXIMILIAN.  67 

given  which  formed  the  ground-work  of  that  interven 
tion  which  was  introductory  to  the  establishment  of  the 
empire  over  which  the  unfortunate  Maximilian  reigned. 

The  three  complaining  powers  already  mentioned 
agreed,  in  convention  at  London,  October,  1861,  that 
each  of  them  should  send  to  Mexico  an  equal  naval 
force ;  and  as  to  the  number  of  troops  to  be  furnished 
by  each,  that  that  should  be  regulated  according  to  the 
number  of  subjects  which  the  respective  powers  had  in 
Mexico.  It  was  understood  by  said  powers  that  the  in 
tervention  was  only  for  the  purpose  of  enforcing  pay 
ment  of  their  respective  claims.  England  did  not 
appear  satisfied  with  the  justness  of  the  whole  of  the 
French  demand.  Spain  coincided  with  England  upon 
that  point.  Notwithstanding  that,  the  allied  powers 
sent  a  joint  fleet  to  Vera  Cruz,  which,  on  the  6th  of 
January,  1862,  reached  the  port  of  its  destination.  On 
the  following  day  they  disembarked  the  following  num 
ber  of  troops :  six  thousand  three  hundred  Spanish,  two 
thousand  eight  hundred  French,  and  eight  hundred 
English.  By  virtue  of  a  treaty  signed  at  Soledad, 
February  19th,  1862,  the  allied  forces  were  permitted  to 
leave  the  unhealthy  coast,  and  to  take  up  their  quarters 
near  Orizaba,  where  they  might  inhale  the  pure  mountain 
air.  The  leaders  of  the  respective  armies  did  not  agree 
in  all  matters  of  discussion  in  their  conference.  The 
English  and  Spanish  officers  did  not  differ  on  another 
proposition ;  and  that  was,  that  they  would  leave  the 
French  forces  alone  in  their  glory.  The  chiefs  of  the 
forces  of  the  two  former  powers  decided  to  right-about 
face,  and  steer  homeward,  which  they  did  in  the  follow 
ing  April. 

On  the  17th  of  May,  1863,  the  city  of  Puebla,  after  a 
siege  of  sixty-two  days,  surrendered  to  the  French  army, 
which  entered  the  city  two  days  later,  by  order  of 
General  Forey,  commander-iii-chief  thereof.  Soon  there- 


68  MAXIMILIAN. 

after,  that  army,  in  conjunction  with  certain  Mexican 
forces  under  General  Marquez,  took  up  their  line  of 
march  for  the  city  of  Mexico.  On  the  31st  of  May, 
the  Juarez  party  fell  back  from  that  city;  and  on 
the  10th  of  June  following,  the  allied  forces  entered 
the  city  without  resistance.  On  the  16th,  the  French 
General  issued  a  decree  that  a  provisional  government 
should  be  formed ;  and  that  the  citizens  to  be  invested 
with  governmental  powers  should  be  elected  by  a  Supe 
rior  Junta  of  government,  composed  of  thirty-five  per 
sons,  in  accordance  with  another  decree  which  was 
issued  on  the  18th.  The  Junta  elected  for  its  President 
Sefior  D.  Teodosio  Lares,  and  for  its  Secretary,  Sres.  D. 
Jose  Maria  Andrade  and  D.  Alejandro  Arango  y  Escan- 
don.  On  the  22d,  the  Superior  Junta  of  government 
invested  the  ^Provisional  Executive  Power  in  General 
D.  Juan  N.  Almonte,  Archbishop  D.  Palagio  Antonio 
de  Labastida,  and  General  D.  Jose  Mariano  Salas ;  and 
as  suplentes  (supernumeraries),  Dr.  D.  Juan  B.  Omaechea, 
Bishop  of  Tulancingo,  and  D.  Tgnacio  Pavon,  a  lawyer. 
This  new  government  assembled  with  great  solemnity 
on  the  25th  of  June.  On  the  2d  of  July  they  published 
an  edict  containing  a  list  of  two  hundred  and  fifteen  per 
sons,  who,  jointly  with  the  Superior  Junta,  were  thereby 
declared  to  constitute  the  Assembly  of  Notables,  in 
trusted  with  the  duty  of  providing  a  plan  for  a  perma 
nent  government.  This  Assembly  chose  for  its  presi 
dent  and  secretaries,  respectively,  the  same  persons  that 
held  those  positions  in  the  Superior  Junta.  They  were 
solemnly  installed  on  the  8th  of  July,  in  presence  of  the 
Executive,  the  French  commander-in-chief,  and  Count 
Dubbis  de  Saligny,  Minister  Plenipotentiary  of  France. 
A  committee  was  appointed  by  the  Assembly  to  draft  a 
form  of  government.  On  the  10th,  the  committee  sub 
mitted  their  plan  to  the  Assembly,  which  was  unani 
mously  adopted.  There  were  present  two  hundred  and 


MAXIMILIAX.  '69 

thirty  members.  Ten  had  resigned,  and  the  remaining 
ten,  through  sickness  and  pressing  business  of  their  own, 
failed  to  attend.  In  accordance  with  the  plan,  the  As 
sembly  issued  a  decree,  which  was  published  on  the  llth 
of  July,  containing  the  following : 

"  Manuel  G.  Aguirre,  Political  Prefect  of  the  District 
of  Mexico,  to  its  inhabitants.  Know  ye : 

"  That  by  the  Secretary  of  State  and  of  the  Office  of 
Foreign  Relations,  has  been  communicated  to  me  the 
following:  decree : 


e 


PALACE  OF  THE  SUPREME  EXECUTIVE  POWER, 
MEXICO,  July  llth,  1863. 

*  The  Supreme  Provisional  Executive  Power  has  been 
pleased  to  transmit  me  the  decree  which  follows : 

'The  Supreme  Provisional  Executive  Power  of  the 
Nation,  to  the  inhabitants  thereof.  Know  ye : 

'  That  the  Assembly  of  Notables,  by  virtue  of  the 
decree  of  the  16th,  last  passed,  for  the  purpose  of  making 
known  the  form  of  government  most  agreeable  to  the 
nation,  in  the  exercise  of  the  full  power  which  the  nation 
has,  to  establish  itself,  and  as  the  organ  and  interpreter 
of  the  nation,  declares  with  absolute  independence  and 
liberty,  the  following : 

'  1st.  The  Mexican  Nation  adopts  for  its  form  of  gov 
ernment,  a  limited,  hereditary  monarchy,  with  a  Catholic 
prince. 

'  2d.  The  Sovereign  will  take  the  title  of  Emperor  of 
Mexico. 

1  3d.  The  Imperial  Crown  of  Mexico  is  oifered  to  His 
Imperial  Highness,  Prince  Ferdinand  Maximilian,  Arch 
duke  of  Austria,  for  him  and  his  descendants. 

'  4th.  In  case  of  any  circumstances,  impossible  to  fore 
see,  the  Archduke  Ferdinand  Maximilian  should  not 
take  possession  of  the  throne  which  is  oifered  him,  the 
Mexican  nation  submits  to  the  benevolence  of  Napo- 


70  MAXIMILIAN. 

leon  III.,  Emperor  of  the  French,  to  indicate  to  her 
another  Catholic  prince. 

*  Given  in  the  Hall  of  Sessions  of  the  Assembly,  on  the 
10th  day  of  July,  1863. 

'  TEODOSIO  LARES,  President. 
'  ALEJANDRO  ARANGO  Y  ESCANDON,  Secretary. 
1  JOSE  MARIA  ANDRADE,  Secretary." 

'Therefore,  it  is  ordered  that  the  same  be  printed, 
published  by  a  national  edict,  circulated,  and  that  due 
compliance  be  therewith  given. 

'  Given  in  the  Palace  of  the  Supreme  Executive  Power, 
in  Mexico,  on  the  llth  of  July,  1863. 

'  JUAN  N.  ALMONTE, 
'  JOSE  MARIA  SALAS, 
'  JUAN  13.  OMAECIIEA.' 

4  To  the  Sub-secretary  of  State  and  of 

the  Office  of  Foreign  Relations.' 

*  And  I  communicate  it  to  you  for  your  information 
and  the  consequent  terminations. 

J.  MIGUEL  ARROZO, 
Sub-secretary  of  State  and  of 
the  Office  of  Foreign  Relations 

4  Seiior  Political  Prefect  of  Mexico.' 

"  And  in  order  that  notice  of  it  may  reach  every  one, 
I  order  that  it  be  printed,  published,  and  circulated  by 
the  persons  charged  with  the  same. 

"  MANUEL  G.  AGUIEBE, 

"  Political  Prefect. 
"  MEXICO,  July  13th,  1863. 

"  To  Jose  M.  de  Garay,  Secretary 

General  of  the  Prefecture." 

By  a  decree  of  the  llth  of  July,  the  Assembly  of 
Notables  abolished  the  name  of  "  Provisional  Executive 


MAXIMILIAN.  71 

Power,"  and  adopted  that  of  "  Regency  of  the  Empire," 
in  its  stead. 

Soon  after  that  the  Regency  appointed  a  commission 
to  carry  to  the  Archduke  Maximilian  of  Austria  the 
decree  of  the  Assembly,  and  offer  him  the  crown  of 
Mexico.  This  commission  was  composed  of  Seiiores 
D.  Jose  M.  Gutierrez  Estrado,  D.  Jose  Hidalgo,  D.  An 
tonio  Escandon,  D.  Tomas  Murphy,  General  D.  Adrian 
Woll,  D.  Ignacio  Aguilar,  D.  Joaquin  Velasquez  de 
Leon,  D.  Francisco  Javier  Miranda,  a  priest,  and  D. 
Angel  Iglesias  as  Secretary.  The  four  first  were  at  that 
time  in  Europe ;  the  others  embarked  at  Yera  Cruz  for 
San  Nazario  about  the  loth  of  August. 

On  the  3d  of  October,  1863,  the  deputation  was  offi 
cially  received  by  the  Archduke  Maximilian,  in  the  Pal 
ace  of  Miramar,  his  usual  residence,  near  Trieste. 

The  president  of  the  deputation,  Senor  Gutierrez  de 
Estrada,  delivered  to  the  Archduke  the  following  dis 
course  : 

"  PKINCE  : 

"  The  Mexican  nation,  scarcely  restored  to  its  lib 
erty  by  the  beneficial  influence  of  a  powerful  and  mag 
nanimous  monarch,  sends  us  to  present  ourselves  to  Your 
Imperial  Highness,  the  object  and  centre,  to-day,  of  its 
purest  wishes  and  most  flattering  hopes. 

"  We  will  not  speak,  Prince,  of  our  tribulations  and 
our  misfortunes,  known  by  every  one,  and  which  have 
been  extended  so  far  that  the  name  of  Mexico  has  become 
synonymous  with  desolation  and  ruin. 

"  Struggling  a  long  time  ago  to  extricate  ourselves  from 
so  painful  a  situation,  and  which,  if  possible,  is  even  bit 
terer,  on  account  of  the  sad  future  placed  before  our  eyes, 
than  the  present  evils ;  there  has  been  no  arbitrator  to 
whom  this  unhappy  nation  could  have  been  submitted ; 
a  trial  which  could  not  have  been  made  in  the  fatal  circle 


72  MAXIMILIAN. 

in  which  it  was  placed, — having  unskilfully  adopted  and 
confided  in  republican  institutions,  so  contrary  to  our  nat 
ural  constitution,  our  natural  customs  and  traditions,  and 
which,  while  increasing  the  greatness  and  pride  of  a 
neighboring  people,  have  been  for  us  but  an  incessant 
source  of  the  most  cruel  misfortunes. 

"  Our  country  has  passed  nearly  half  a  century  in  that 
sud  existence,  full  of  unprofitable  suffering  and  intolera 
ble  shame.  But,  all  the  spirit  of  life  and  all  faith  in  the 
future  were  not  extinguished  in  us.  Our  firm  confidence 
being  placed  in  the  Sovereign  Regulator  and  Arbitrator 
of  nations,  we  did  not  cease  hoping  and  soliciting  with 
eagerness  the  desired  remedy  for  its  ever-increasing  tor 
ments. 

"  And  our  hopes  were  not  in  vain.  The  mysterious 
ways  are  visible  through  which  Divine  Providence  has 
led  us  to  that  fortunate  situation  in  which  we  now  find 
ourselves,  and  which  the  highest  intelligence  scarcely 
conceived  possible. 

"  Mexico,  then,  again  master  of  her  destinies,  and  taught 
by  the  experience  of  past  errors,  now  makes  a  supreme 
effort  to  regain  herself. 

"To  other  political  institutions  she  recurs  anxiously 
and  hopingly,  promising  herself  that  she  will  be  even 
more  prosperous  than  when  she  was  a  monarchical  col 
ony  of  Europe ;  and  still  more  if  she  should  succeed  in 
having  at  her  head  a  Catholic  Prince,  who,  with  his  emi 
nent  and  acknowledged  merit,  unites  also  that  nobleness 
of  sentiment,  that  force  of  will,  and  that  rare  abnegation 
which  is  the  privilege  of  men  predestined  to  govern,  to 
regenerate,  and  to  save  misled  and  unhappy  nations 
at  the  decisive  hour  of  their  acknowledged  error  and 
danger. 

"Mexico  promises  herself  much,  Prince,  from  the  insti 
tutions  which  governed  her  for  the  space  of  three  centu 
ries,  and  which  left  us,  when  they  disappeared,  a  splendid 


MAXIMILIAX.  73 

legacy,  that  we  did  not  know  how  to  preserve  under 
the  Republic. 

"  But  if  that  faith  in  monarchical  institutions  is  great 
and  profound,  it  cannot  be  complete  if  these  institutions 
are  not  personified  in  a  Prince  endowed  with  the  high 
gifts  which  Heaven  has  dealt  out  to  you  with  a  prodigal 
hand. 

"  A  monarch  can,  without  great  gifts  of  intelligence  or 
character,  increase  the  fortunes  of  his  people,  when  that 
monarch  is  but  the  successor  to  an  ancient  monarchy,  in 
a  country  of  ancient  monarchies ;  but  a  Prince  requires 
exceptional  qualities  when  he  has  to  be  the  first  of  a 
series  of  kings — in  short,  the  founder  of  a  dynasty  and 
the  heir  of  a  Republic. 

"  Without  Your  Imperial  Highness — believe  these  lips, 
that  have  never  been  stained  with  flattery — it  would  be 
inefficacious  and  ephemeral,  whatever  might  be  the  at 
tempt,  to  raise  our  country  from  the  abyss  in  which  it 
lies;  and  besides,  the  generous  views  of  the  powerful 
monarch  whose  sword  has  redeemed  us,  and  whose 
strong  arm  now  sustains  us,  would  be  frustrated. 

"  With  Your  Highness,  so  versed  in  the  difficult  science 
of  government,  the  institutions  will  be  what  they  ought 
to  be,  to  secure  the  prosperity  and  independence  of 
their  new  country,  which  has  for  its  basis  that  true  and 
progressive  Liberty,  the  sister  of  Justice,  which  is  its 
first  condition,  and  not  that  false  liberty,  unknown 
among  us  except  by  its  excesses  and  ravages. 

"Those  institutions,  with  the  modifications  which 
prudence  dictates  and  the  necessity  of  the  times  re 
quires,  will  serve  as  an  insurmountable  defence  to  our 
national  independence. 

"These  convictions  and  these  sentiments,  of  which 
long  ago  many  Mexicans  were  possessed,  are  found,  to 
day,  Prince,  in  the  consciences  of  all,  and  spring  from 
every  heart.  In  Europe,  even,  whatever  may  be  the 

4 


74  MAXIMILIAN. 

sympathies  or  opposition,  there  is  only  one  voice  in 
regard  to  Your  Imperial  Highness  and  your  august 
spouse,  so  distinguished  for  her  high  qualities  and  ex 
emplary  virtues,  who  soon  will  share  your  throne  and 
our  hearts,  and  will  be  loved,  exalted,  and  blessed  by 
every  Mexican. 

"We,  wTho  are  but  feeble  interpreters  of  that  general 
applause  of  love,  of  the  hopes  and  prayers  of  a  whole 
nation,  come  to  present  in  that  nation's  name,  to  Your 
Imperial  Highness,  the  crown  of  the  Mexican  Empire, 
which  the  people  offer  you,  Prince,  freely  and  spontane 
ously,  by  a  solemn  decree  of  the  Notables,  already  rati 
fied  by  many  provinces,  and  which  soon  will  be,  as 
every  one  says,  by  the  entire  nation. 

"  We  cannot  forget,  Prince,  that  this  act  meets  with  a 
happy  coincidence — that  of  the  country  celebrating  the 
anniversary  of  the  day  when  the  national  army  tri 
umphantly  planted,  in  the  capital  of  Mexico,  the  standard 
of  independence  and  of  monarchy,  calling  to  the  throne 
an  Archduke  of  Austria,  in  default  of  an  Infante  of 
Spain. 

"  Accept,  Prince,  favorably,  the  wishes  of  a  people  who 
invoke  your  assistance,  and  who  fervently  pray  Heaven 
to  crown  the  glorious  work  of  Your  Highness;  and  who 
ask  God  also  that  power  may  be  granted  unto  them  to 
worthily  respond  to  the  persevering  efforts  of  Your  Im 
perial  Highness. 

"  Lastly,  Prince,  may  the  aurora  of  happier  times  shine 
forth  for  Mexico,  after  so  much  suffering,  and  may  we 
have  the  incomparable  happiness  of  being  able  to  an 
nounce  to  the  Mexicans  the  good  news  which  they  are 
so  anxiously  desiring ; — good  news  not  only  for  us,  but 
also  for  France,  whose  name  to-day  is  as  inseparable 
from  our  history  as  it  will  be  from  our  gratitude  ;  good 
news  for  England  and  Spain,  who  commenced  this  great 
work  at  the  convention  in  London,  after  having  been  the 


MAXIMILIAN.  75 

first  to  recognize  its  justice,  and  to  proclaim  its  imper 
ative  necessity ;  and  finally,  for  the  renowned  dynasty 
of  Hapsburg,  that  crowns  this  great  work  with  Your 
Imperial  and  Royal  Highness. 

"  We  are  not  ignorant,  Prince,  I  repeat  it,  of  the  ab 
negation  which  Your  Imperial  Highness  requires,  and 
which  alone  can  make  agreeable  the  thoughts  of  your 
duties  so  pleasing  to  Divine  Providence  (who  does  not 
create  princes  and  give  them  great  qualities  in  vain), 
since  Your  Imperial  Highness  has  been  disposed  to  ac 
cept,  with  all  its  consequences,  a  mission  so  difficult  and 
arduous,  at  such  a  distance  from  your  country,  and  from 
the  illustrious  and  powerful  throne,  on  the  first  step  to 
which  is  found  Your  Imperial  Highness ;  and  so  far  from 
this  Europe  which  is  the  centre  arid  emporium  of  the 
civilization  of  the  world. 

"  Yes,  Prince,  the  crown  is  very  heavy  which  our  ad 
miration  and  love  offers  you  to-day ;  but  the  day  will 
come,  we  hope,  when  its  possession  will  be  enviable 
(thanks  to  your  efforts,  which  Heaven  will  know  how  to 
recompense),  with  our  co-operation  and  unalterable  gra 
titude  and  loyalty. 

"  Great  have  been  our  errors,  alarming  is  our  fall ; 
but  we  are  the  sons  of  those,  Prince,  who,  at  the  cry  of 
Religion,  Country,  and  King  (three  great  things  which 
so  well  unite  with  liberty),  that  there  has  been  no  un 
dertaking,  however  great,  that  we  would  not  have 
attempted — no  sacrifice  that  we  would  not  have  known 
how  to  encounter,  firmly  and  boldly. 

"  Such  are  the  sentiments  of  Mexico,  on  its  reo-enera- 

'  £3 

tion,  such  the  aspirations  with  which  we  have  received 
the  honorable  charge  of  presenting  faithfully  and  re 
spectfully  to  Your  Imperial  and  Royal  Highness,  the 
worthy  scion  of  the  illustrious  dynasty  which  counts 
among  its  glories  that  of  having  carried  Christian  civ 
ilization  to  our  own  soil  on  which  we  live,  Prince,  and 


76  MAXIMILIAN. 

by  which  you  establish,  in  this  nineteenth  century,  by  so 
memorable  titles,  order  and  true  liberty — the  happy 
fruits  of  that  same  civilization. 

"  The  task  is  great,  but  our  confidence  in  Providence 
is  greater;  and  that  our  confidence  ought  to  be  so,  Mex 
ico  as  it  now  is,  and  Miramar,  of  this  glorious  day,  thus 
tell  us." 

Archduke  Maximilian  responded  to  the  foregoing  ad 
dress  in  the  following  manner : 

"  GENTLEMEN  : 

"  I  am  profoundly  grateful  for  the  wishes  expressed 
by  the  Assembly  of  Notables,  in  Mexico,  in  their  session, 
on  the  10th  of  July,  and  that  you  are  charged  to  com 
municate  the  same  to  me. 

"  It  is  flattering  to  our  house  that  the  eyes  of  your 
compatriots  were  turned  towards  the  family  of  Charles 
V.,  as  soon  as  the  word  monarchy  was  pronounced. 

"  However  noble  the  task  may  be  of  securing  the  in 
dependence  and  prosperity  of  Mexico,  under  the  exit  of 
institutions  equally  stable  and  free,  I  do  not  fail  to  agree 
with  His  Majesty  the  Emperor  of  the  French,  whose 
glorious  initiative  has  made  possible  the  regeneration  of 
your  beautiful  country,  that  the  monarchy  could  not  be 
re-established  there,  on  a  perfectly  legitimate  and  solid 
basis,  unless  the  whole  nation,  expressing  freely  its  will, 
would  wish  to  ratify  the  wishes  of  the  capital.  So,  then, 
upon  the  result  of  the  generality  of  the  votes  of  the 
country,  I  must  make  depend,  in  the  first  place,  the  ac 
ceptance  of  the  throne  which  is  offered  me. 

"  On  the  other  hand,  comprehending  the  sacred  duties 
r  of  a  Sovereign,  it  is  necessary  that  I  should  demand  in 
j/favor  of  the  Empire,  which  is  under  consideration,  the 
indispensable  guarantees  in  order  to  place  it  under  pro 
tection  from  the  dangers  which  misrht  threaten  its  in- 


MAXIMILIAN.  77 

tegrity  and  indcpenden(3G.  In  case  those  pledges  for 
future  security  should  be  obtained,  and  the  election  of 
the  noble  Mexican  people,  taken  as  a  whole,  should  fall 
upon  me,  I  shall  be  ready,  with  the  consent  of  the  august 
chief  of  my  family,  and  confiding  in  the  support  of  the 
Almighty,  to  accept  the  crown. 

"  If  Providence  should  call  me  to  the  high  civilizing 
mission  which  is  attached  to  that  crown,  I  declare  to  you, 
henceforth,  Gentlemen,  my  firm  resolution  of  following 
the  salutary  example  of  the  Emperor  my  brother,  by 
opening  to  the  country  the  wide  road  of  progress,  by 
means  of  a  constitutional  regime,  based  on  order  and 
morality ;  and  to  seal  with  my  oath,  as  soon  as  that  vast 
territory  may  be  pacified,  the  fundamental  pact  with  the 
nation.  It  is  only  in  this  manner  that  a  new  and  truly 
national  policy  can  be  inaugurated,  in  which  all  parties, 
forgetting  their  quarrels,  will  work  together  to  give 
Mexico  the  eminent  place  which  appears  to  be  destined 
for  her  among  nations,  under  a  government  which  has 
for  its  principle  equity  in  justice. 

"  Remember,  Gentlemen,  to  communicate  to  your 
countrymen  the  determinations  which  I  have  just  an 
nounced  to  you  frankly,  and  to  take  the  necessary  meas 
ures  to  consult  with  the  nation  as  to  the  form  of  govern 
ment  they  intend  to  adopt." 

Turning  back  again  to  the  territory  of  Mexico,  it  was 
very  apparent  that,  as  the  French  and  Mexican  allies 
advanced  into  the  interior,  the  cities,  towns,  and  villas 
gave  strong  evidence  of  a  willing  adherence  to  the  Em 
pire.  Many  chiefs  of  the  Liberal  party  came  under  the 
Imperial  banner,  while  the  President  and  a  very  few 
others  took  refuge  in  the  northern  part  of  the  Mexican 
territory.  And  the  Regency  having  seen  what  they 
considered  an  expression  of  a  majority  of  the  people  in 
behalf  of  the  Empire,  believed  the  time  had  arrived 


78  MAXIMILIAN. 

when  they  ought  to  present  to  the  Archduke  Maximi 
lian  that  fact,  and  solicit  him  to  comply  with  his  prom 
ise  previously  made  to  the  Mexican  deputation. 

In  accordance  with  these  views,  the  Regency  appoint 
ed  a  Mexican  deputation  composed  of  the  following 
gentlemen :  Senores  D.  J  ose  N".  Gutierrez  Estrada,  D. 
Ignacio  Aguilar,  D.  Jose  Hidalgo,  General  D.  Adrian 
Woll,  D.  Antonio  Escandon,  D.  Jose  M.  de  Landa ;  and 
I).  Angel  Iglesias,  as  Secretary. 

This  deputation  met  in  the  city  of  Trieste,  prepared 
to  execute  the  duties  assigned  them,  as  will  be  herein 
after  seen. 

In  the  month  of  March,  1864^ Archduke  Maximilian 
.,  and  the  Archduchess  Carlota,  having  been  informed  of 
the  late  acts  of  the  Mexican  people,  and  the  intention  of 
the  deputation,  visited  Paris,  London,  Vienna,  and  Brus 
sels,  to  say  farewell  to  family  relatives;  and  to  treat 
with  Napoleon  III.,  in  regard  to  the  affairs  of  the  con 
templated  new  Empire.  After  that  was  accomplished,  it 
became  necessary  to  transact  family  business,  pertaining 
to  Austria.  The  most  important  was  that  of  renouncing 
his,  Maximilian's,  right  to  the  crown  of  Austria,  in  ac 
cordance  with  the  laws  of  that  dynasty  and  empire. 
After  a  few  days'  consultation  the  affairs  were  settled, 
ar.d  the  family  agreement  was  signed  April  9th. 


CHAPTER   VI. 

Mexican  deputation  at  Trieste  and  Miramar— Ceremonies  of  offering  and 
accepting  the  Crown— Decrees— Address  of  deputation  to  Maximilian— His 
answer— Reply  of  deputation  to  his  answer— Oath  as  Emperor. 

IN"  the  Hotel  de  Ville,  at  Trieste,  the  Mexican  Depu 
tation  occupied  apartments  elegantly  furnished  by 
Archduke  Maximilian.  They  had  been  notified  that  it 
would  be  expected  that  at  the  appointed  hour  they 
would  be  in  readiness  there,  properly  attired,  to  leave, 
in  order  to  present  themselves,  on  the  tenth  day  of  April, 
at  the  palace  of  Miramar,  when  and  where  they  would 
be  received  by  the  Archduke,  according  to  the  pro 
gramme  already  provided. 

The  tenth  day  of  that  month  was  Sunday — the  day  of 
the  week  on  which  the  poor,  having  ceased  their  week's 
labor,  may  feast  their  eyes  on  that  stately  palace,  the 
green  lawns,  the  mosaic  flower-beds,  the  gracefully  bend 
ing  leafy  boughs,  all  pervaded  by  sweet-scented  air, 
so  that  one's  fancy  suggests  that  nature  had  just  per 
fumed  herself  for  a  banquet  with  the  gods. 

The  inhabitants  of  Trieste  and  its  suburbs  were  all 
agog  that  morning.  The  double  attraction  of  seeing 
Nature  decked  in  her  gorgeous  apparel,  breathing  forth 
intoxicating  air,  and  decorated  nobility  in  shining 
lustre,  richly  caparisoned  steeds,  carriages  rolling  in 
splendor — brought  forth  an  unusual  number  of  people, 
gliding  like  a  living  avalanche,  on  foot,  and  horse,  and 
in  brightly  gilded  and  varnished  vehicles. 

At  ten  o'clock  in  the  morning,  the  gentlemen  of  the 
service,  Count  Hadick,  an  old  Grand  Master  of  His 
Highness,  and  Vice- Admiral  of  the  Austrian  navy,  pro- 


80  MAXIMILIAN. 

ceeded  to  the  city  for  the  Mexican  deputation ;  and  in 
fifteen  minutes,  clad  in  their  elegant  dress  for  the  occa 
sion,  they  were  rolling  in  four  shining  carriages  having 
the  livery  of  His  Highness  the  Archduke,  and  drawn  bv 
splendid  prancing  steeds,  preceded  by  a  mounted  escort. 
Those  carriages  were  followed  by  others  containing  per 
sons  of  distinction,  composed  of  Mexicans,  Austrians, 
diplomats,  generals,  colonels,  in  full  dress,  with  their 
decorations  on  their  breasts ;  also  officers  of  the  house 
of  the  Archduke. 

They  were  soon  before  the  entrance  of  the  palace  of 
Miramar.  There  they  were  received  by  Marquis  Corio, 
Grand  Master  of  Ceremonies  ;  and  soon  thereafter,  pre 
ceded  by  the  same  officer,  they  entered  the  apartments 
provided  for  foreigners,  where  they  were  received  by 
the  Grand  Master  of  the  house  of  the  Archduke,  Count 
Zichy. 

At  twelve  o'clock,  M.,  the  Grand  Master,  preceded  by 
the  Grand  Master  of  Ceremonies,  conducted  the  depu 
tation  through  the  waiting  saloon,  the  library,  and  the 
blue-room,  to  the  hall  of  reception,  where  the  Archduke 
was  in  readiness  to  receive  them. 

His  Highness  stood  in  front  of  a  table  covered  with 
magnificent  tapestry,  upon  which  were  seen  innumerable 
acts  of  adhesion  to  the  new  empire  which  had  been 
created  in  Mexico.  He  was  dressed  in  the  uniform  of  a 
Vice-Admiral  of  the  Austrian  navy,  on  which  was  placed 
the  Order  of  the  Golden  Fleece,  and  the  Grand  Cress  of 
Saint  Stephen.  Standing  on  his  left  was  his  august 
spouse,  the  Archduchess  Carlota.  She  was  richly  attired 
in  an  elegant  rose-colored  silk,  adorned  with  the  finest 
Brussels  lace,  a  diadem,  necklace,  and  earrings  of  dia 
monds,  and  the  Black  Cord  of  the  Order  of  Malta.  She 
particularly  attracted  the  attention  of  the  whole  audience. 
Her  commanding  form,  her  exquisite  beauty,  her  beam 
ing  countenance,  and  her  superb  apparel,  all  united  to 


MAXIMILIAN.  81 

make  her  appear  like  an  enchantress— a  being  of  poetical 
imagination. 

Their  Imperial  Highnesses  occupied  one  angle  of  the 
room,  accompanied  by  General  Frassart,  Adjutant  of 
the  Field  of  Napoleon  III.,  and  the  Imperial  delegate, 
Seiior  Hurbet.  The  Grand  Master  stood  at  one  side,  in 
the  rear  of  their  Highnesses,  while  the  Grand  Master  of 
Ceremonies  occupied  a  position  in  front  of  the  door. 

In  another  angle  of  the  room  were  the  ladies  of  honor, 
the  Princess  of  Metternich  and  the  Marchioness  de  Ville, 
Countesses  JZichy  and  Kollonitz,  the  Belgian  Minister 
near  Austria,  Mon.  Monier,  commander  of  the  French 
frigate  Themis,  and  other  distinguished  personages. 

The  Mexican  deputation  took  their  position  in  the 
form  of  a  semicircle,  in  front  of  the  Archduke  and  Arch 
duchess  ;  Seiior  Gutierrez  Estrada,  the  President  of  the 
deputation,  stood  in  the  centre  of  the  outer  points  of 
the  semicircle.  In  the  rear  stood  other  Mexicans,  who 
were  as  follows :  Don  Francisco  de  P.  Arrangoiz  y  Ber- 
zabal,  E.  Tomas  Murphy,  Colonel  D.  Francisco  Facio, 
I).  Andres  Negrete,  D.  Isidoro  Diaz,  D.  Pedro  Escan- 
don,  Colonel  D.  Jose  Armero  y  Kuiz,  D.  Ignacio  Montes- 
deoca  (a  priest),  Dr.  D.  Pablo  Martinez  del  Rio,  D.  Fer 
nando  Gutierrez  Estrada  (son  of  the  President  of  the 
deputation),  D.  Ignacio  Arnor,  D.  Pedro  Ontiveras,  and 
D.  Joaquin  Manuel  Rodriguez.  The  two  latter  were 
prisoners  at  Puebla,  but  having  recognized  the  Empire, 
were  called  into  the  service  of  His  Highness ;  making 
the  number  of  twenty-one  Mexicans  present  at  the  au 
gust  ceremonies. 

For  a  short  time  a  profound  silence  reigned,  and  that 
emotion  which  usually  precedes  great  events.  At  last, 
Seiior  Gutierrez  Estrada  read  with  a  firm  voice,  although 
occasionally  a  little  tremulous,  the  address  which  will 
be  hereinafter  seen,  and  which  the  Archduke  answered, 
accepting  definitely  the  crown  of  Mexico. 


82  MAXIMILIAN. 

The  Archduke  had  scarcely  finished  speaking,  when  a 
salvo  of  artillery  from  the  bulwarks  of  the  castle  an 
nounced  the  great  event  which  had  just  been  concluded, 
and  that  salvo  was  answered  from  the  ships  in  the  port, 
and  from  the  forts  of  the  city. 

At  the  conclusion  of  His  Highness'  speech,  Senor 
Gutierrez  Estrada  knelt  down  and  kissed  the  hand  of 
the  newly-made  Emperor,  in  sign  of  homage,  according 
to  the  Spanish  custom,  saying,  "  God  save  His  Majesty, 
Maximilian  I.,  Emperor  of  Mexico  !"  to  which  announce 
ment  all  the  Mexicans  present  responded  by  one  united 
voice. 

The  same  demonstration  of  homage  was  made  to  the 
Empress.  After  that,  the  Abbot  of  Lacroma  presented 
himself  with  mitre  and  staff,  assisted  by  Fr.  Tomas 
Gomez,  a  Spaniard  of  the  Order  of  San  Francisco,  and 
by  Dr.  D.  Ignacio  Montesdeoca,  a  Mexican  priest. 
Everything  then  being  ready,  the  Emperor  took  the 
oath,  which  will  be  seen  herein,  placing  his  hand  at  the 
same  time  on  the  Book  of  the  Evangelists,  held  by 
Seiior  Montesdeoca. 

The  Mexican  flag  was  then  raised  upon  the  castle,  and 
the  frigate  Bellona,  of  the  Austrian  navy,  gave  a  salute 
of  twenty-one  guns,  which  was  responded  to  by  the 
frigate  Themis,  and  the  artillery  of  the  forts. 

Soon  thereafter  the  deputation  passed  into  the  library, 
preceded  by  the  grand  master  of  ceremonies,  and  there 
waited  until  the  Te  Deum  was  announced ;  at  which 
time  they  were  escorted  to  the  seats  reserved  for  them 
in  the  chapel  of  the  palace.  Their  Majesties  then  pro 
ceeded  to  the  chapel,  followed  by  the  ladies  of  the  court, 
and  Count  Hadick.  The  Abbot  of  Lacroma  received 
them  at  the  door.  Their  Majesties  were  in  front  of  the 
audience.  At  the  conclusion  of  the  solemn  Te  Deum, 
Their  Majesties  withdrew.  In  a  few  moments  thereafter, 
the  grand  master  conducted  into  the  presence  of  the 


MAXIMILIAN.  83 

Emperor  Seiior  Velazquez  de  Leon,  Minister  of  State, 
General  Woll,  Adjutant  of  the  Field,  and  Seiior  Igle* 
sias,  Secretary  of  the  Cabinet ;  all  of  whom  took  tho 
oath  before  His  Majesty  to  faithfully  comply  with  the 
duties  of  their  respective  offices ;  and  immediately  en- 
\  tered  upon  the  discharge  of  them. 

Thus  ended  the  grand  and  imposing  ceremony  that 
surrounded  the  introduction  of  the  reign  of  Maximilian. 
I.  of  Mexico.  The  solemn  proceeding  produced  many  a 
tear  from  Mexican  eyes.  They  viewed  it  as  a  good 
omen,  foreshadowing  happy  days  to  them  and  their 
country. 

The  day  before  the  ceremony  the  Emperor  of  Austria, 
and  the  Archdukes,  his  brothers,  arrived.  They  re 
mained  until  certain  family  affairs  were  arranged,  when 
they  returned  to  Vienna.  The  parting  of  the  two  im 
perial  brothers  was  most  affectionate.  They  embraced 
each  other  several  times,  and  for  a  moment  remained 
clasped,  while  tears  trickled  down  their  cheeks.  The 
thought  which  occupied  their  minds  then,  alas  !  has 
been  too  truly  realized.  It  was,  that  that  embrace 
might  be  the  last. 

On  the  10th,  the  day  of  that  ceremony,  the  Emperor 
issued  a  decree  commissioning  D.  Juan  N.  Almonte,  his 
Lieutenant-General,  to  act  at  the  head  of  affairs,  until  he, 
the  Emperor,  should  arrive  in  Mexico ;  also  that  the 
functions  of  the  Regency  should  cease  on  the  arrival  of 
his  Lieutenant-General.  Also,  by  another  decree,  Seiior 
D.  Joaquin  Velazquez  de  Leon  was  appointed  Minister 
of  State. 

On  that  day  was  signed  the  treaty  of  Miramar,  be 
tween  Maximilian  and  Napoleon. 

His  Majesty  appointed  ministers  plenipotentiary  to 
notify  his  advent  to  the  Courts  of  the  Tuileries,  St. 
James,  the  Holy  See,  and  at  Madrid  and  Brussels. 

He  also  re-established,  by  a  decree,  the  Order  of  Gua- 


84  MAXIMILIAN. 

dalupe,  which  was  created  by  a  decree  of  the  Regency, 
on  the  29th  day  of  September,  1863  :  also  providing 
that  there  should  be  five  different  classes  of  gentlemen — • 
1st,  Order  of  the  Grand  Cross;  2d,  of  the  Grand  Offi 
cials  ;  3d,  of  the  Commentators  ;  4th,  of  Officers  ;  and 
5th,  of  Gentlemen. 

On  the  same  day  he  decorated  with  the  Order  of 
Grand  Cross,  Seiior  D.  Jose  M.  Gutierrez  Estrada,  and 
Generals  D.  Leonardo  Marquez  and  Tomas  Mejia  ;  with 
the  Order  of  Grand  Officials,  D.  Francisco  Arrangoiz  y 
Berzabal,  Tomas  Murphy,  D.  Ignacio  Aguilar  y  Maro- 
cho,  D.  Joaquin  Velazquez  de  Leon,  General  D.  Adrian 
"Woll,  and  D.  Jose  Hidalgo ;  with  the  Order  of  Com 
mentators,  D.  Antonio  Escandon,  D.  Jose  M.  de  Landa, 
D.  Francisco  Facio,  D.  Andres  Negrete,  and  D.  Pablo 
Martinez  del  Rio  ;  with  the  Order  of  Officers,  D.  Angel 
Iglesias  Dominguez,  D.  Fernando  Gutierrez  Estrada,  D. 
Jose  J.  Rus,  and  D.  Manuel  Mora  y  Ozta. 

The  following  is  a  copy  of  the  decree  appointing  Se 
iior  Velazquez  de  Leon  Minister  of  State  : 

"  MY  DEAR  VELAZQUEZ  DE  LEON  : 

"  I  have  just  appointed  you  my  Minister,  sin  catera 
(without  full  power),  and  charge  you,  until  the  forma 
tion  of  my  Cabinet,  with  the  office  of  the  affairs  of 
State,  committing  to  your  care  the  corresponding  seal. 

"  You  will  remain  in  charge  of  these  functions,  under 
the  instructions  which  will  be  given  you  hereafter  on 
my  part. 

"  Given  in  the  Castle  of  Miramar,  the  10th  of  April, 
1864. 

"  MAXIMILIAN." 

The  Emperor,  considering  all  the  possibilities  of  the 
future,  and  desiring  that  in  no  case  the  government 
should  be  without  a  head,  issued  the  following  decree  : 


MAXIMILIAN.  85 

"  Considering  that  nothing  is  so  important  as  the  pro 
viding  for  the  stability  of  the  legitimate  government  of 
the  nation  that  has  chosen  us  Sovereign ;  and,  to  guard 
against  all  casualties  that  may  happen,  I  have  just  de 
creed  :  That  in  case  of  death  or  any  other  contingency 
that  may  place  us  without  the  possibility  of  continuing 
to  govern,  the  Empress,  our  august  spouse,  is  the  one 
who  will  be  charged  with  the  Regency  of  the  Empire. 

"  My  present  Minister  of  State,  or,  in  case  of  his  ina 
bility,  the  respective  Minister,  will  be  charged  with  the 
execution  of  this  decree. 

"  Given  in  the  Castle  of  Miramar,  the  tenth  day  of 
April,  one  thousand  eight  hundred  and  sixty-four. 

"  MAXIMILIAN. 

"  To  my  Minister  of  State, 

D.  Joaquin  Velazquez  de  Leon. 

"By  order  of  His  Imperial  Majesty, 

"  JOAQUIN  VELAZQUEZ  DE  LEON." 

As  was  observed  hereinbefore,  the  President  of  the 
Mexican  deputation  delivered  an  address  to  Maximilian 
as  Archduke,  before  his  final  confirmation  as  Emperor, 
which  was  in  the  following  language : 

"PRINCE: 

"  The  Mexican  deputation  has  the  pleasure  of  find 
ing  themselves  again  in  your  august  presence  ;  and  they 
experience  an  unspeakable  joy  in  considering  the  mo 
tives  which  brought  them  here.  In  fact,^nncej)our 
happiness  is  complete,  in  informing  you,  in  the  name  of 
the  Regency  of  the  Empire,  that  the  vote  of  the  Nota 
bles,  by  which  you  have  been  designated  for  the  crown 
of  Mexico,  is  now  ratified  by  the  enthusiastic  adhesion 
of  an  immense  majority  of  the  country,  by  the  muni 
cipal  authorities  and  by  the  town  corporations;  and 
thus  consecrated,  that  unanimous  proclamation  has 


86  MAXIMILIAN. 

become,  by  its  moral  importance  and  by  its  numerical 
strength,  truly  a  national  vote. 

"  By  this  glorious  title,  and  supported  by  the  promise 
of  the  third  of  October,  one  thousand  eight  hundred 
and  sixty-three,  which  created  in  the  country  such 
strong  hopes,  we  present  ourselves  now  to  solicit  of 
Your  Imperial  Highness  the  full  and  definite  acceptation 
of  the  throne  of  Mexico ;  which  act  will  become  the 
commencement  of  a  union  and  a  source  of  prosperity 
for  the  people,  who  have  been  subject,  for  so  many 
years,  to  very  severe  and  sad  experiences.  Those  ex 
periences  have  been  such,  that  the  people  would  have 
unquestionably  succumbed  under  the  weight  of  their 
misfortunes,  without  the  help  of  one  of  the  greatest  em 
pires  of  Europe,  without  the  eminent  qualities  and  the 
admirable  self-denial  of  Your  Imperial  Highness,  and 
lastly,  without  the  freedom  of  action,  for  which  you  are 
indebted  to  the  noble  sentiments  of  the  Emperor,  your 
august  brother — a  worthy  chief,  by  a  thousand  titles,  of 
the  illustrious  House  of  Austria. 

"  Honor  and  gratitude  to  those  two  Princes !  Honor 
and  gratitude  also  to  the  glorious  nation  which,  at  the 
call  of  its  Sovereign,  has  not  vacillated  in  spilling  its 
blood  for  our  political  redemption ;  and  creating  in  this 
manner,  between  the  two  continents,  a  new  faternity  in 
history,  when  history  has  exhibited  us  in  Europe,  until 
now,  as  tyrannical.  Honor  and  gratitude  to  that  Em- 
peroi\_a,s_  great  as  he  is  generous,  who,  in  making  the 
French  interest  the  whole  interest  of  the  world,  within 
a  few  years,  and  in  spite^of  passing  objects,  has  had  the 
glory  and  the  fortune  of  raising  the  flag  of  France 
(always  feared,  but  always  sympathetical),  in  the  dis 
tant  confines  of  the  Chinese  Empire,  and  in  the  remote 
limits  of  the  divided  Empire  of  Mexico.  Honor  and 
gratitude  to  such  a  people  and  to  such  Princes,  is  the 
cry  of  every  true  Mexican. 


MAXIMILIAN.  87 

"In  conquering  the  love  of  nations,  you  have  learned 
the  art  of  governing  them.  Thus  it  is,  that  after  so 
many  struggles,  our  country,  which  experiences  the  impe 
rious  necessity  of  a  union,  will  owe  to  you  some  day  the 
inestimable  favor  of  having  reconciled  the  hearts  of  the 
Mexicans,  whom  public  misfortunes  and  the  blindness 
of  passion  have  divided,  but  who  are  only  waiting  for 
your  beneficial  influence  and  the  exercise  of  your  pa 
ternal  authority,  to  teach  them  to  be  animated  by  the 
same  identical  sentiments. 

"  A  Princess,  who  is  no  less  a  queen  by  her  graces 
than  by  her  virtues  and  high  intelligence,  will  know, 
without  doubt,  from  the  height  of  the  throne,  how  to 
bring  about  a  perfect  union  for  the  general  respect  of 
the  country. 

"  In  order  to  see  these  benefits  realized,  Mexico,  with 
a  filial  confidence,  places  in  your  hands  the  sovereign 
and  constituent  power  that  must  regulate  its  future 
destinies  and  secure  its  glorious  future,  promising  you, 
in  this  moment  of  solemn  alliance,  a  love  without  limits, 
and  a  fidelity  unalterable. 

>• "  The  people  assure  you,  Prince,  that  being  Catholic 
and  monarchical  by  an  uninterrupted  secular  tradition, 
they  find  in  Your  Imperial  Highness,  a  worthy  scion  of 
the  Emperor  Charles  V.,  and  of  the  Empress  Maria 
Theresa,  the  symbol  and  personification  of  those  two 
great  principles  which  are  the  bases  of  their  primitive 
existence ;  and  under  the  protection  of  which,  with  the 
institutions  and  the  means  which  passing  time  has  made 
necessary  in  the  government  of  societies,  they  will  be 
able  to  place  themselves  one  day  in  the  elevated  rank 
which  they  are  called  to  occupy  among  nations.  In 
hoc  signo  vinces.  / 

"To   these   two   great  principles.  Catholic    and  mo- 

^narehical,  which  were  introduced  into  Mexico  by  the 

noble  and  generous  people  who  made  its  discovery,,  and 


88-'' 


MAXIMILIAN. 


who  rooted  out  therefrom  the  errors  and  the  darkness 
of  idolatry — to  these  principles,  which  created  us  for 
civilization,  we  shall  be  indebted  this  time  also  for  our 
welfare,  enlivened  as  they  have  been  by  our  indepen 
dence,  and  as  they  are  to-day  by  the  pleasing  hopes 
which  are  perpetuated  by  the  new-born  Empire.  On 
this  day,  which  would  not  be  one  of  happiness  if  it  were 
not  equally  one  of  justice,  our  thoughts  involuntarily 
turn  to  historic  times,  and  to  the  series  of  glorious  mon- 
archs,  among  which  are  the  illustrious  ancestors  of  Your 
Imperial  Highness,  that  excel  in  splendor. 
\  "Nations,  like  individuals,  ought  in  their  hours  of  joy 
to  speak  with  affectionate  gratitude  of  their  ancestors 
that  no  longer  exist ;  and  it  is  for  us,  Prince,  a  glorious 
honor  to  make  that  just  acknowledgment  apparent  to 
the  eyes  of  all,  at  the  same  moment  when  our  unexpected 
fortune  is  attracting  equally  the  eyes  of  the  astonished 
world. 

"  On  manifesting  to  you,  Prince,  our  wish  and  our 
hopes,  we  do  not  say,  we  cannot  say,  that  the  task  may 
not  be  difficult ;  for  the  founding  of  an  empire  always 
was  and  always  will  be  so.  The  only  thing  which  we 
can  assure  is,  that  the  difficulties  of  to-day  will  be  your 
glory  to-morrow ;  and  we  will  even  add,  that  the  work 
undertaken  reveals  in  a  patent  form  the  hand  of  God. 
'K  When  the  time  shall  arrive  that  our  hopes  will  be  satis 
fied,  our  predictions  fulfilled ;  when  Mexico  shall  appear 
prosperous  and  regenerated,  then,  when  remembering 
that  Europe  sent,  to  save  us,  its  valorous  battalions  to 
the  top  of  the  Anahuac,  to  the  shores  of  the  Pacific,  in 
an  epoch  in  which  Europe  itself  was  full  of  fears  and 
dangers,  neither  Mexico  nor  Europe,  nor  the  world,  nor 
that  other  world  which  comes  after  us,  nor  that  which 
is  called  history,  can  doubt  that  our  salvation,  which 
was  obtained  contrary  to  all  human  probabilities,  will 
have  been  the  work  of  Providence,  aud  that  Your  Im- 


MAXIMILIAN.  89 

perial  Highness  was  the  instrument  selected  to  consum- 
mate  it. 

"And  further,  while  thinking  of  the  fortunate  des 
tiny  of  our  country,  we  cannot  forget,  Prince,  that  in 
the  hour  of  our  rejoicing  the  most  profound  sadness 
reigns  in  other  parts.  We  well  understand  that  this 
Austrian  country,  and  principally  Trieste,  your  favorite 
abode,  will  be  inconsolable  on  account  of  your  absence, 
and  we  extend  to  them  our  sympathies ;  but  the  recol 
lection  of  your  good  acts  and  the  splendid  reflection  of 
your  glory,  will  be  a  consolation  to  them. 

"After  having  had  the  inestimable  fortune  to  hear 
from  the  lips  of  Your  Imperial  Highness  the  words  of 
hope,  that  your  definite  acceptation  would  be  a  reality, 
condescend,  Prince,  to  concede  to  us  the  notable  honor 
and  unspeakable  happiness  of  being  the  first  among  the 
Mexicans  who  reverently  salute  you,  in  the  name  of  the 
country,  as  the  Sovereign  of  Mexico,  the  Arbitrator  of 
its  destinies,  and  the  depositary  of  its  future.  All  the 
Mexican  people  that  aspire  with  inexpressible  impatience 
to  possess  you,  will  receive  you  in  their  favored  land 
with  a  unanimous  expression  of  gratitude  and  love. 

"  This  brilliant  spectacle,  which  for  others  would  be 
the  height  of  their  desire,  will  only  serve  to  give  you 
new  life,  and  increase  your  ambition. 

"  The  recompense  will  providentially  come,  as  the  un 
dertaking  advances  toward  completion. 

"  There  will  be  no  premium  more  enviable  than  that 
wrhich  Your  Highness  will  receive,  in  seeing,  at  no  re 
mote  day,  Mexico  prosperous  and  respected ;  and  in 
truth,  you  could  not  experience  joy  purer,  nor  pride 
more  legitimate,  than  that  of  having  founded,  on  the 
volcanic  ground  of  the  Moctezumas,  a  powerful  empire, 
which  would  unite  soon  for  its  splendor  and  your  glory, 
that  favorable  influence  of  that  native  wisdom  with 
which  Heaven  has  endowed  our  American  land,  to  the 


90  MAXIMILIAN. 

most  perfect  of  that  which  the  justly  praised  European 
organization  can  offer. 

"  The  ultimate  conviction,  Prince,  that  crowns  us  with 
such  a  happy  presage  is,  that  Mexico,  which  calls  you 
beyond  the  seas,  and  the  entire  world  that  beholds  you, 
will  not  be  long  in  observing  that  Your  Imperial  High 
ness  has  not  had  in  vain  before  your  eyes  from  your 
infancy,  on  the  triumphal  arch  of  the  Palace  of  his  an 
cestors,  that  inscription  so  worthy  of  them,  and  which 
strikes  the  traveller  with  admiration  :  Justitia  regnorum 
fundamentum  —  Justice  is  the  foundation  of  Empires." 

His  Imperial  Highness  answered  the  foregoing  address 
and  request  in  the  following  terms  : 

"  GENTLEMEN  : 

"A  mature  examination  of  the  acts  of  adhesion 
which  you  have  just  presented  me,  gives  me  confi 
dence  that  the  vote  of  the  Notables  of  Mexico,  which 
brought  you  a  short  time  ago,  for  the  first  time,  to 
Miramar,  has  been  ratified  by  an  immense  majority  of 
your  compatriots,  and  that  I  can  consider  myself  hence 
forth,  with  good  right,  as  the  elect  of  the  Mexican  peo 
ple.  Thus,  the  first  condition  in  my  answer,  which  I 
gave  on  the  3d  of  October  last,  has  been  complied  with. 
"Another  thing  also  I  indicated  to  you  then  —  namely, 
in  relation  to  the  securing  of  the  necessary  guarantees 
that  the  new-born  Empire  should  calmly  devote  itself 
to  the  noble  task  of  establishing  on  a  solid  basis  its  in 
dependence  and  prosperity. 


those  securities,  thanks  to  His  MajestyJii^Em£eror_oL 
the  French,  who,  in  the  course^  of  the  negotiations  which 
mwetaken  place  upon  this  point,  has  shown  himself 
constantly  animated  by  a  spirit  of  loyalty  and  of  benev* 
olence,  the  recollection  of  which  I  will  always  preserve 
in  my  memory. 


MAXIMILIAN.  91 

"  On  the  other  hand,  the  august  chief  of  my  family 
has  consented  that  I  may  take  possession  of  the  throne 
which  is  offered  me. 

"  Now,  then,  I  can  comply  with  the  conditional  prom- 
\     ise  which  I  made  you  six  months  ago,  and  declare  here, 
as  solemnly  I  do  declare,  that,  with  the  help  of  the  Al- 
*  r    mighty,  I^cc^tJom^thehands  of  the  Mexican  nation 


/?.  y 
¥  '    t 


traditions  of  that  new  continent,  full  of  vigor  and  hopes 
'(  for  the  future,  has  used  the  right  which  it  possesses  of 
'choosing  the  form  of  government  in  conformity  with  its 
wishes  and  necessities,  and  has  placed  its  hopes  on  a 
scion  of  the  House  of  Hapsburg,  which  three  centuries 
ago  planted  on  its  soil  a  Christian  monarchy.  I  appre 
ciate  in  its  full  value  such  a  high  proof  of  confidence, 
and  I  will  try  to  sustain  it.  I  accept  the  constituent 
power  with  which  the  nation  whose  organ  you  are, 
Gentlemen,  has  wished  to  invest  me,  but  which  I  shall 
hold  only  so  long  as  may  be  necessary  to  create  regular 
order,  and  to  establish  institutions  wisely  liberal.  So 
that,  as  I  announced  in  my  address  of  the  3d  of  October, 
I  will  hasten  to  place  the  monarchy  under  the  authority 
of  constitutional  laws,  as  soon  as  the  pacification  of  the 
country  shall  have  been  completely  consummated.  The 
power  of  a  nation  is  secured,  in  my  judgment,  much 
more  by  the  firmness  than  by  the  uncertainty  of  its 
limits  ;  and  I  shall  aspire  to  place  those  in  official  po 
sition,  who,  without  the  loss  of  their  prestige,  may  be 
able  to  guarantee  its  stability. 

f~      "  We  shall  prove,  I  hope,  that  liberty,  correctly  un- 
^  derstood,  is  perfectly  reconcilable  with  a  well-governed 
empirc._7l  shall  know  how  to  respect  the  first,  and  to 
cause  to  be  respected  the  second. 

"  I  shall  not  display  less  vigor  in  always  maintaining, 
high  elevated  the  standard  of  independence,  that  sym 
bol  of  future  greatness  and  prosperity. 


92  MAXIMILIAN. 

"  Great  is  the  undertaking  that  is  confided  to  me ;  but 
I  do  not  doubt  that  I  shall  complete  it,  confiding,  as  I 
do,  in  Divine  help,  and  in  the  co-operation  of  all  good 
Mexicans. 

"  I  will  conclude,  Gentlemen,  assuring  you  again  that 
my  Government  will  never  forget  the  obligation  which 
it  owes  to  the  illustrious  monarch  whose  friendly  assist 
ance  has  made  the  regeneration  of  our  beautiful  country 
possible. 

"  Lastly,  Gentlemen,  I  ought  to  announce  to  you  that, 
before  departing  for  my  new  country,  I  shall  be  .detained 
only  by  the  time  necessary  to  visit  the  Holy  City,  to  re 
ceive  from  the  Venerable  Pontiff  the  blessings  so  pre 
cious  for  every  Sovereign,  but  doubly  important  to  me, 
who  have  been  called  to  found  a  new  empire." 

The  President  of  the  deputation  made  the  following 
reply  to  the  acceptance  of  the  crown  by  Maximilian : 

"Being  possessed  of  an  unparalleled  emotion,  and 
overcome  by  an  unspeakable  joy,  we  receive,  Sire,  the 
solemn  'Yes'  which  Your  Majesty  has  just  pronounced. 
This  acceptance,  full  and  absolute,  so  ardently  desired, 
and  so  earnestly  hoped,  is  the  happy  prelude,  and  ought 
to  be,  with  the  help  of  God,  the  sure  pledge  for  the  sal 
vation  of  Mexico,  for  its  regeneration  and  future  great 
ness.  Then  will  our  sons  give  thanks  to  Heaven  for  this 
truly  extraordinary  redemption. 

"  One  duty  still  remains  with  us,  Sire,  to  fulfil — that  is 
the  duty  of  placing  at  your  feet  the  love  of  the  Mexi 
cans,  their  gratitude,  and  their  homage  of  fidelity." 

To  complete  the  ceremony  of  making  Maximilian  Em 
peror,  it  became  necessary  for  him  to  take  the  oath  of 
office ;  and  for  that  purpose  the  mitred  Abbots  of  Mira- 
mar  and  Lacroma,  Mr.  George  Racie  with  mitre  and 


MAXIMILIAN.  93 

staff,  assisted  by  Tomas  Gomez,  a  friar  of  the  Order 
of  Francisco,  and  Dr.  Ignacio  Montesdeoca,  presented 
themselves ;  and  before  them  Maximilian  took  the  oath 
in  the  following  form :  "  I,  Maximilian,  Emperor  of 
Mexico,  swear  to  God  by  the  Holy  Evangelists,  that  I 
will  try  to  promote,  through  all  the  means  within  my 
power,  the  welfare  and  prosperity  of  the  nation,  to  de 
fend  its  independence,  and  to  preserve  the  whole  of  its 
territory." 

This  solemn  act  was  subsequently  greeted  with  shouts 
of  "  Long  live  the  Emperor,"  and  "  Long  live  the  Em 
press,"  by  the  whole  audience,  as  with  one  united  voice. 

The  audience  then  separated  awhile,  without  any  par 
ticular  ceremony,  waiting  for  the  hour  to  arrive  wThich 
had  been  appointed  for  the  grand  Te  Deum,  at  which 
time  all  again  assembled  in  the  chapel.  His  Majesty 
appeared  with  the  insignia  of  Grand  Master  of  the  Mex 
ican  Order  of  Guadalupe. 

As  the  oath  of  office  wras  completed,  the  flag  of  Im 
perial  Mexico  waved  in  the  breeze  over  the  tower  of  the 
castle.  Guns  from  the  frigate  Bellona,  of  the  Imperial 
navy  of  Austria,  poured  forth  salutes  in  honor  of  the 
event,  to  the  number  of  twenty-one.  The  castle  of 
Trieste  and  the  French  frigate  Themis  answered,  with 
their  gruff,  rumbling  notes,  the  salute  from  the  Bellona, 
which  echoed  and  re-echoed  o'er  the  sea  and  the  land. 

A  written  act  of  this  great  event  was  executed,  signed 
by  the  parties,  in  duplicate,  and  transmitted  to  the  min 
ister  of  foreign  affairs  and  the  archives  of  the  Imperial 
House. 

/  Thus  ended  one  great  act  in  the  imperial  drama  of 
Maximilian's  life — a  step  on  that  march  which  led  him 
from  the  elegant  pleasures  of  Miramar  to  a  seat  on  a 
tottering  throne,  in  the  Xew  World,  in  a  volcanic  re 
gion, — more  dangerous  from  the  surging  of  political 
waves  than  from  the  seething  elements  of  its  burning 
mountains. 


CHAPTER  VII. 

Departure  of  Maximilian  and  Carlota  from  Miramar  for  Mexico — Ceremonies 
—Visit  at  Rome— Ceremonies  there— Visits  en  route— Arrival  at  Vera  Craz. 

The  cannon's  roar  was  heard  afar, 
Sweet  music  burst  upon  the  air ; 
Good-bye,  he  said,  to  Miramar, 
Farewell,  brave  men  and  women  fair. 

THE  inhabitants  of  Trieste  and  the  surrounding 
country  will  long  remember  the  14th  day  of  April, 
A.  D.  1864,  as  one  of  note  in  the  calendar  of  remarkable 
events.  In  connection  with  it,  the  names  of  MAXIMILIAN 
and  MIRAMAR  will  be  most  vivid.  They  will  loom  up 
in  the  heaven  of  their  memory  like  the  full-orbed  moon, 
as  she  sweeps  along  amid  the  myriad  of  stars  that  are 
lost  in  the  effulgence  of  her  splendor. 

The  hum  of  business  Avhich  Trieste  usually  presents 
was  nearly  silent  on  that  day.  It  was  a  day  of  univer 
sal  excitement,  and  the  thoughts  of  money-making  were 
buried.  It  was  the  day  of  the  departure  of  His  Majesty 
Maximilian  and  his  august  spouse  for  their  new  home,  in 
a  new  empire  across  the  far-resounding  sea,  to  the  land 
where  lie  entombed  the  remains  of  the  famed  Moctezuma. 

The  houses  were  emptied  of  their  living  inmates,  and 
the  out-door  world  was  a  heaving  sea  of  humanity.  The 
crowd  was  here  and  there;  richly  caparisoned  steeds, 
with  their  loads  of  beauty  and  splendor,  were  prancing 
to  the  measure  of  well-timed  music  ;  rich  and  poor  were 
dressed  in  their  gala  attire, — some  on  foot,  some  on  horse, 
surging  this  way  and  that,  like  ocean  waves, — all  eager 
to  catch  the  farewell  glimpse  of  their  true  friend,  their 
real  benefactor,  who  was  soon  to  be  welcomed  in  a  dis 
tant  land,  by  a  different  race,  and  in  a  different  tongue. 


MAXIMILIAN.  95 

The  morning  of  that  eventful  day  was  not  one  of 
calmness.  The  wind  sharply  whistled,  and  the  roadstead 
of  Trieste,  in  its  angry  ruffling  motion,  heaved  upward 
and  downward  the  little  barks  that  were  anchored  on  its 
bosom.  But  fortunately,  near  noon,  the  wind-spirit,  as 
though  suddenly  bringing  to  its  mind  the  importance  of 
the  occasion,  quietly  lulled  itself  away  like  a  sleepy 
child,  and  the  foamy  white  dissolved  into  the  deep  blue 
of  the  Adriatic.  And  the  silent  air,  perforated  by  the 
genial  rays  of  the  mid-day  sun,  threw  a  radiant  splendor 
on  the  glassy  sea,  on  the  grassy  lawns,  and  the  flower- 
decked  land. 

Not  a  cloud  curtained  the  heavens;  and  far  away 
above  the  distant  horizon  the  Alps — those  earthy  mounds 
of  nature — sat  high  up  against  the  sky,  like  monarchs 
wrapped  in  imperial  robes  of  white,  all  variegated  with 
rainbow  hues  by  the  reflected  light  from  their  ornamental 
jewels  of  dazzling  diamond  icicles  bathing  in  the  sun 
light. 

Six  steamers,  belonging  to  the  well-known  Lloyd 
Company,  wrere  ploughing  the  Adriatic,  to  and  fro,  from 
the  city  of  Trieste  to  the  Archducal  residence,  the  castle 
of  Miramar.  They  conveyed  the  municipal  officers  of 
Trieste,  the  members  of  the  Chamber  of  Commerce,  the 
deputations  from  other  cities,  and  also  other  invited 
guests.  Three  trains  of  cars  were  in  continual  motion, 
belting  the  air  with  their  ribbons  of  smoke,  freighting 
the  living  into  the  great  storehouse  of  merriment  and 
grandeur — the  grounds  of  Miramar. 

The  castle,  its  surrounding  heights,  the  walls,  the  gar 
dens,  the  trees,  and  every  prominent  place,  were  all  man 
tled  with  human  beings.  The  sea-shore  was  all  traced  in 
footprints.  The  roads  leading  to  the  sea  were  filled  with 
carriages,  omnibuses,  mounted  men,  all  dovetailed  in 
with  footmen.  Not  an  elevated  place  in  sight  could  be 
descried  that  had  not  its  eager  gazer.  One  might  have 


90  MAXIMILIAN. 

fancied  that  Nature's  great  human  hive  had  just  swarm 
ed  there. 

Many  of  the  enchanted  multitude  assembled  there  out 
of  mere  curiosity,  to  feast  their  strained  eyes  on  the  sur 
rounding  splendor  and  magnificence  ;  but  there  was  a 
mighty  gathering  of  affectionate  hearts,  who  hurried 
there  in  friendship's  name,  and  in  honor  of  a  noble  and 
generous  prince,  who  had  watched  over  their  necessities 
with  an  anxious  desire ;  who  had  never  turned  a  deaf 
ear  to  begging  poverty  ;  whose  friendship  never  turned 
cold  ;  and  who  had  built  up  and  commanded  their  small 
but  effective  navy. 

At  two  o'clock  in  the  afternoon,  the  Empress,  the 
beautiful  Carlota,  affectionately  embraced  the  extended 
arm  of  the  Emperor  Maximilian  within  her  own,  and 
the  two — one  in  heart  and  thought — departed  from  the 
palace,  the  cherished  spot  of  His  Majesty,  winding  their 
way  across  the  terrace  to  the  extreme  end,  where  opened 
the  stairway ;  arid  down,  down  the  white  marble  steps 
they  went  to  the  sea.  The  deafening  shouts  of  "  fare 
well,"  the  roaring  cannon,  the  bugle-notes,  the  drum, 
all  blending,  drowned  the  murmuring  song  of  the  waves. 
The  advent  music,  written  for  the  occasion  at  Paris,  by 
request  of  the  Mexican  deputation,  was  well  executed 
by  the  band  of  the  Trieste  garrison  ;  which  music  was 
carried  to  Mexico  by  Commander  Rodriguez  in  the 
steamer  San  Nazario.  Just  before  descending  the  steps, 
Their  Majesties  paused  a  moment,  and  returned  the 
friendly  salutations  of  the  great  multitude.  A  beautiful 
little  boat,  all  canopied  with  purple  and  gold,  lay  wait 
ing  close  to  the  bottom  step,  in  which  the  Sovereigns 
seated  themselves — then  glided  along  to  the  steamer 
Novara,  which  was  anchored  to  the  cable  of  the  castle. 
"  The  brother  of  Maximilian,  Louis  Victor,  accompanied 
him  as  far  as  Rome ;  as  also  did  General  Woll,  Chief  of 
the  Military  House  ;  Seiior  Velazquez  de  Leon,  Minister 


MAXIMILIAN.  97 

of  St«ite ;  the  ladies  of  honor  of  the  Empress ;  the 
Countesses  Zichy  and  Colonitz ;  Count  Zichy,  Grand 
Master;  the  Chamberlains,  Count  de  Bombells  and 
Marquis  de  Corio  ;  Senor  Iglesias,  his  Secretary  ;  and 
Commander  Ontiveras,  Officer  of  Orders. 

As  they  entered  the  little  boat,  the  Novara,  the  The 
mis,  and  the  stationary  Austrian  frigate,  all  raised  their 
flags  ;  and  the  different  crews  broke  forth  in  wild  shouts 
of  joy ;  and  the  surrounding  little  crafts  raised  their 
oars  in  token  of  adieu,  while  the  artillery  from  deck 
and  castle  spoke  from  their  deep-toned  throats.  Soon 
after  His  Majesty  had  firmly  placed  his  foot  on  the  Ko- 
vara,  the  Austrian  colors  were  removed,  and  the  flag  of 
Mexico  raised  in  its  stead.  A  short  period  only  elapsed 
thereafter,  when  the  Novara  weighed  anchor  and  steam 
ed  away  on  her  course,  escorted  by  the  French  steamer, 
Themis,  and  an  Austrian  fleet  of  eleven  steamers.  The 
gallant  yacht,  Fantasia,  which  the  Austrian  government 
had  usually  placed  at  the  disposition  of  the  Archduke, 
during  his  residence  at  Miramar,  led  off  the  fleet.  Then 
came  the  Novara,  followed  at  some  two  cables'  length 
by  the  Themis,  which  escorted  the  Sovereigns  to  Yera 
Cruz,  commanded  by  Captain  Morier ;  and  behind  all 
went  the  six  Lloyd  steamers. 

The  whole  squadron  defiled  before  the  city  of  Trieste, 
among  the  ships  anchored  in  the  roadstead,  bearing  their 
respective  colors.  The  coast  batteries  muttered  their 
thunder-notes,  and  as  the  Novara  passed,  the  firing  was 
so  rapid  that  it  seemed  like  one  continued  sound.  The 
fleet  passed  so  near  the  shore  that  the  cheering  multi 
tude  could  be  distinctly  heard.  The  Lloyd  steamers 
were  intended  to  escort  the  Sovereigns  as  far  as  Pisano, 
which  is  about  an  hour's  sail  distant  ;  but  some  injury 
having  happened  to  the  machinery,  prevented  them  from 
so  doing.  At  Pisano  was  assembled  a  swarm  of  boats, 
and  the  fishermen  were  eager  for  an  opportunity  to  sa- 


98  MAXIMILIAN. 

lute  the  Sovereigns  as  they  glided  by.  The  little  boats 
were  so  numerous  that  it  put  one  in  mind  of  the  schools 
of  fishes  that  follow  beneath  the  surface. 

That  day  and  night  the  coasts  of  Italy  and  Dalmatia 
were  visible  ;  also  the  arsenals  of  Porenzo,  Forigno,  and 
Pola. 

The  Emperor  had  once  concluded  to  visit  for  a  few 
hours  the  Island  of  Lacroma,  which  is  opposite  Ragusa, 
and  which  is  his  private  property.  It  is  noted  as  the 
spot  where  Richard  the  Lion-Hearted  touched  on  his  re 
turn  from  Palestine.  There  were  built  a  church  and 
convent,  the  latter  having  been  turned  into  a  castle  by 
Maximilian.  It  is  an  island  of  some  note,  as  one  of  lux 
uriant  vegetable  productions,  and  of  adaptability  to  the 
growth  of  tropical  plants. 

Maximilian  changed  his  intention  as  to  stopping  there ; 
and  the  Novara,  leaving  the  eastern  coast  of  the  Adriatic, 
neared  the  coast  of  Italy.  Everything  went  smoothly 
on,  the  accompanying  vessels  keeping  true  to  their  course, 
without  requiring  any  signs  of  guidance  from  the  No- 
vara.  On  the  16th,  they  doubled  the  Cape  of  Otranto, 
near  enough  to  see  the  city  of  the  same  name,  beauti 
fully  situated  on  the  picturesque  coast  of  Italy. 

About  two  hours  later,  having  turned  the  heel  of  the 
Italian  boot,  they  rounded  the  Cape  of  Santa  Maria  de 
Leuca,  and  entered  into  the  Gulf  of  Tarento.  Sunday 
morning,  the  17th,  about  nine  o'clock,  they  floated  into 
the  Strait  of  Messina.  By  noon  they  reached  the  foot 
of  Stromboli,  whose  lofty  crater  was  smoking  away,  like 
some  tired  giant  resting  from  his  labor.  The  next  day, 
noon,  they  ruffled  the  waters  of  the  roadstead  of  Civita 
Yecchia.  Their  contemplated  arrival  had  been  trum 
peted  ahead  of  them.  Rome  sent  out  smiling  friends, 
among  whom  were  General  Montebello,  comrnander-in- 
chief  of  the  French  army  at  Rome,  with  his  staff;  Baron 
Bach,  Austrian  Ambassador  5  Mr.  de  Carolus,  Belgian 


MAXIMILIAN.  99 

Minister;  Senor  D.  Ignacio  Aguilar,  Minister  Plenipo 
tentiary  of  Mexico  near  the  Holy  See.  The  railroad 
station  was  magnificently  decorated,  exhibiting  the  coat 
of  arms  of  His  Majesty,  with  the  initials  of  both  Sov 
ereigns,  "M.,  C."  The  French  and  Pontifical  troops 
formed  a  double  line,  and  as  Their  Majesties  disem 
barked,  shouts  went  up  from  an  immense  concourse  of 
people  who  had  gathered  on  the  wharf  and  shores  to 
view  the  Imperial  guests,  and  salvos  of  artillery  from 
forts  and  ships  announced  with  their  sonorous  voices  the 
glad  tidings  of  their  arrival  to  the  gazing  multitude. 

At  six  o'clock  in  the  evening  Their  Majesties  and  suite 
reached  the  Eternal  City,  amid  the  roar  of  the  guns 
that  guard  the  ancient  Castle  of  San  Angelo.  The  Sov 
ereigns  stopped  at  the  Marescotti  palace,  where  Senor 
Gutierrez  Estrada  resided.  This  palace  is  one  of  the 
finest  in  the  city.  Its  works  of  art  are  magnificent. 
Its  frescoes  were  painted  by  Arpino ;  and  its  furniture 
is  of  a  costly  style,  and  in  elegant  taste.  The  rooms 
were  gayly  decorated  for  the  occasion.  A  throne  was 
erected  in  one  of  the  saloons,  and  an  immense  quantity 
of  red  and  white  were  exquisitely  arranged  so  as  to  repre 
sent  the  Mexican  flag. 

The  King  of  Naples  paid  his  respects  to  Their  Majes 
ties;  also  Cardinal  Antonelli,  Prime  Minister  of  His 
Holiness,  presented  himself. 

At  eight  o'clock  in  the  evening  a  grand  banquet  was 
served,  at  which  were  seated  about  thirty  persons.  The 
new  Sovereigns  and  the  Mexicans  at  Rome  composed 
the  company.  After  that  a  reception  took  place,  at  the 
conclusion  of  which  Their  Majesties  wandered  out  to 
the  Plaza  of  Saint  Peter's,  thence  to  gaze  at  the  moon 
beams  as  they  silvered  o'er  the  ancient  ruins  of  the 
Coliseum, — a  sight  which  the  Empress  had  never  before 
witnessed.  There  is  something  enchanting  in  the  scene. 
He  who  beholds  it  at  such  an  hour,  departs  reluc- 


100  MAXIMILIAN. 

tantly.  He  looks,  and  as  he  turns  to  leave  it,  he  halts, 
and  glances  again  and  again.  His  mind  is  flooded  with 
its  ancient  history ;  he  forgets  for  a  moment  the  age  in 
which  he  lives. 

On  the  morning  of  the  19th,  the  whole  party  visited 
the  Holy  Father  at  the  Vatican ;  all  were  in  their  full 
uniform,  ladies  with  elegant  toilette,  although  in  dark 
dresses,  as  is  the  custom  in  making  such  a  visit.  All 
along  the  street  from  the  bridge  of  San  Angelo  were 
stationed  mounted  guards :  in  the  avenues  and  court  of 
the  palace  were  placed  sentinels  on  foot.  The  interior 
was  guarded  by  the  Swiss  soldiers,  with  uniforms  as  neat 
as  wax-work.  Bishops,  prelates,  and  officers  of  the  house 
were  presented  to  Their  Majesties.  Soon  the  Holy  Father 
and  the  two  new  Sovereigns  entered  a  small  saloon, 
where  they  remained  together  and  alone  for  over  an 
hour.  After  that  private  audience  the  whole  party  had 
the  opportunity  of  kissing  the  foot  of  His  Holiness, 
which  they  did  not  fail  to  do. 

His  Majesty  paid  a  short  visit  to  His  Eminence  the 
Cardinal  Secretary  of  State,  during  which  time  the  Em 
press  remained  in  the  Vatican  museum,  amusing  herself 
in  examining  the  thousands  of  interesting  and  curious 
ancient  and  modern  works  of  art,  which  have  been 
gathered  from  all  parts  of  the  world. 

After  the  Emperor  had  finished  his  visit,  the  whole 
party  returned,  surrounded  by  an  immense  throng  of 
people,  to  the  palace  of  Marescotti,  and  rested  until  after 
breakfast,  after  which  His  Majesty  visited  the  King  of 
Naples,  and  other  princes,  to  whom  he  was  united  by 
strong  ties  of  friendship.  Having  spent  a  few  hours 
with  them  in  social  conversation  upon  the  subject  of 
Italy  and  his  newly-adopted  home,  he  returned  to  the 
palace.  A  richly-spread  table  was  served,  having  the 
best  that  the  market  could  afford,  choice  viands  and 
wines,  in  a  saloon  exquisitely  decorated.  That  repast 


MAXIMILIAN.  101 

having  been  concluded,  a  pleasant  soiree  followed,  where 
the  Court,  the  Roman  nobility,  and  other  distinguished 
personages,  gathered  in  large  numbers,  filling  the  differ 
ent  saloons,  which  were  most  brilliantly  lighted,  showing 
to  most  superb  advantage  the  nek  and'  costly  furniture, 
the  glittering  pendants,  and  the  still  brighter  diamonds 
that  adorned  the  beautiful'  and1-,  extravagantly-attired 
ladies.  Every  face  wore  a  smile,'  eveiy  eye  'g-iit'torett 
like  the  surrounding  brilliants.  The  scene  presented  a 
view  of  grandeur,  of  wealth,  and  of  happiness. 

On  the  day  following,  Their  Majesties,  accompanied 
by  a  part  of  the  Mexican  deputation,  went  to  Mass,  in 
a  private  chapel,  where  they  received  from  the  hands 
of  His  Holiness  the  communion.  At  the  same  time 
was  delivered  to  them,  by  His  Holiness,  an  eloquent, 
affectionate,  and  tender  address,  in  the  following  words  : 

"  Behold  the  Lamb  of  God  which  blots  out  the  sins 
of  the  world.  Through  Him  kings  reign  and  govern  ; 
through  Him  kings  do  justice  ;  and  if  He  permits  kings 
to  be  often  afflicted,  through  Him,  nevertheless,  is  exer 
cised  all  power. 

"  I  recommend  to  you,  in  His  name,  the  happiness  of 
the  Catholic  people,  who  have  confided  themselves  to 
you.  The  rights  of  the  people  are  great,  and  it  is 
necessary  to  satisfy  them ;  but  greater  and  more  sacred 
are  the  rights  of  the  Church,  the  immaculate  wife  of 
Jesus  Christ,  who  redeemed  us  with  His  blood — with 
this  blood  that  is  now  going  to  redden  your  lips. 

"Respect,  then,  the  rights  of  your  people  and  the 
rights  of  the  Church ;  which  means  that  you  ought  to 
procure,  at  the  same  time,  the  temporal  and  spiritual 
good  of  those  people. 

"  And  may  our  Lord  Jesus  Christ,  through  whom  you 
are  going  to  receive  the  communion,  from  the  hands  of 
his  vicar,  concede  to  you  His  grace  in  the  abundance  of 


102  MAXIMILIAN. 

His  mercy.  Misereatur  vestri  omnipotens  Deus,  et  di- 
missis  peccatis  vestris  perducat  vos  ad  vitam  ceternam. 
Amen." 


this  Mass,  another  was  said,  in 

the'p'i'dsenci}  6f  tlie  wliol<v  party.  Then  a  light  collation, 
^r^h&Vj^ttsit&ed  JitJtfQxjco  a  desayuno,  was  taken,  in 
,'thc  -private  '  library  of  the  Holy  Father.  His  Holiness, 
the  two  Sovereigns,  and  Cardinal  Antonelli  ate  at  one 
table,  —  the  others  eating  at  several  small  tables,  in  the 
same  room,  and  within  a  short  distance  of  the  distin 
guished  personages.  Everything  passed  off  pleasantly. 
without  any  stiffness.  The  audience  was  merry  —  the 
conversation  at  times  being  general;  then  again  con 
fined  to  their  respective  tables. 

At  the  conclusion  of  this  repast,  Their  Majesties  bid 
"Good-morning"  to  His  Holiness,  and  returned  to 
Marescotti  Palace.  The  remainder  of  the  party  left  the 
Vatican  at  the  same  time.  Not  long  after  that,  Senores 
Aguila  and  Velazquez  took  a  walk  of  pleasure  and  profit 
—  of  pleasure  to  themselves,  and  of  profit  to  the  Church. 
They  presented  themselves  at  the  house  of  the  Minister 
of  State,  and  in  the  name  of  the  Mexican  Empire,  ex 
tended,  as  an  oblation  to  the  Holy  Church,  the  sum  of 
eight  thousand  dollars.  It  was  most  cordially  received, 
and  with  a  becoming  grace.  Was  there  ever  a  Church 
that  would  refuse  such  an  offer  ? 

A  little  past  noon,  the  same  day,  the  20th,  the  Holy 
Father  visited  Their  Majesties.  The  streets  were 
thronged  with  people,  and  it  was  with  difficulty  that 
one  could  elbow  his  way  along.  Troops  formed  on 
either  side  of  the  street,  through  which  His  Holiness 
passed.  The  music  of  the  brass  bands  mingled  with 
that  of  the  merry  chiming  bells,  and  the  shouts  of  the 
living  mass,  as  the  gilded  carriage  rolled  steadily  along, 
drawn  by  six  richly-caparisoned  black  horses,  and  es- 


MAXIMILIAX.  103 

corted  by  the  Guard  Noble.  His  Holiness  was  indeed 
encircled  with  great  splendor.  When  all  that  gran 
deur  arrived  at  the  palace,  Their  Majesties  were  in 
readiness  at  the  entrance,  to  receive  the  Holy  Father. 
As  he  approached  quite  near,  the  two  Sovereigns,  on 
bended  knees,  and  the  surrounding  multitude  in  like 
position,  received  the  benediction  from  His  Holiness. 
His  Majesty  then  arose,  and  giving  his  hand  to  the  Holy 
Father,  assisted  him  in  descending  from  the  carriage. 
Their  Majesties  and  the  Holy  Father  had  a  private 
interview  ;  after  which  was  given  a  public  audience  to 
all  the  friends  that  desired  to  be  presented.  A  short 
time  having  been  spent  here,  the  Holy  Father  took  an 
affectionate  leave  of  Their  Majesties,  who  escorted  him 
to  his  carriage  in  becoming  style. 

Soon  thereafter  came  breakfast ;  which  being  finished, 
the  whole  party  was  ordered  to  be  in  readiness  at  four 
o'clock,  in  the  afternoon,  with  the  carriages,  for  the 
depot.  At  the  appointed  time  everything  was  ready. 
They  all  reached  the  station,  surrounded  by  the  gazing 
crowd  as  before.  After  a  shaking  of  hands  and  a  fare 
well-bidding  to  friends,  Their  Majesties,  the  ladies  of 
honor,  and  Senor  Velazquez,  entered  the  same  car. 

Near  the  setting  of  the  sun  the  train  reached  Civita 
Vecchia,  when  again  the  booming  cannon  was  heard, 
music,  and  shouts,  as  on  their  first  landing. 

Between  nine  and  ten  o'clock,  the  Novara  and  Themis 
weighed  anchor,  and  bore  away  on  their  course  for 
Gibraltar.  They  coasted  along  the  Islands  of  Baleares, 
and  between  five  and  six  o'clock  they  saw  the  Island  of 
Cabrera.  Part  of  the  time  the  wind  blew  pretty 
strongly,  and  the  vessels  plunged  into  the  watery  ele 
ment,  so  that  their  guns  nearly  touched  the  water.  The 
sky  became  cloudy ;  after  which  came  a  fog.  But  before 
reaching  the  Straits  of  Gibraltar,  the  weather  became 
calm.  The  wind,  while  it  blew,  came  astern,  and  sent 


]  04  MAXIMILIAN. 

the  vessels  along  at  the  rate  of  twelve  knots  pel 
hour. 

They  entered  the  bay  at  Gibraltar  about  the  middle 
of  the  afternoon,  saluted  by  the  batteries  of  the  citadel, 
and  by  an  English  vessel  anchored  in  the  port.  Away 
in  the  distance  was  heard  peal  after  peal,  from  the  little 
Spanish  town  of  Algeeiras,  saluting  Their  Majesties. 
The  guns  of  the  Themis  loudly  responded. 

Their  Majesties  were  visited  by  the  Governor  of  Gib 
raltar,  General  Count  Codington,  accompanied  by  his 
two  adjutants,  on  board  the  Novara ;  who,  by  invita 
tion,  dined  with  the  two  Sovereigns.  The  consuls  of 
Austria  and  Belgium,  at  Tangiers,  crossed  the  water  and 
paid  the  proper  respects  to  Their  Majesties. 

On  the  27th  of  April,  the  two  steamers  left  Gibraltar, 
and  steamed  away  for  the  American  waters.  Their  pas 
sage  was  not  unpleasant •T*--,. They  reached  Martinique 
May  16th.  On  this  island  were  many  Mexicans,  who 
were  prisoners  on  account  of  their  non-adherence  to  the 
party  of  the  Intervention.  His  Majesty  saw  the  prison 
ers.  Being  anxious  to  reach  the  land  of  his  destination, 
he  did  not  wish  to  remain  there  longer  than  necessary. 
There  being  a  few  spare  births  on  the  Themis,  His  Ma- 
jest  y  selected,  on  the  night  of  his  arrival,  four  Mexicans 
whom  he  liberated  and  sent  to  occupy  those  vacant 
births,  that  they  might  reach  their  homes.  The  impar 
tiality  of  the  Emperor  was  shown  on  this  occasion.  The 
authorities  of  the  place  had  presented  a  list  of  four  pris 
oners,  whom  they  considered  the  most  entitled  to  favor. 
But  as  His  Majesty  wished  to  have  unbiased  proof  as  to 
the  character  of  the  prisoners,  he  decided  that  he  would 
not  rely  alone  on  the  judgment  of  the  officers  under 
whose  charge  they  were.  He  therefore  said  that  the 
prisoners  should  vote  among  themselves  as  to  which 
four  were  the  most  worthy  of  consideration.  They  did 
so,  and  the  result  was,  that  they  elected  the  four  already 


MAXIMILIAN.  105 

designated  by  the  officers.  These  four  expressed  a 
strong  desire  to  support  the  Empire.  Eight  more  of 
the  prisoners  who  had  manifested  a  like  adhesion,  were 
furnished  by  the  Emperor  with  funds  to  defray  their 
expenses  on  the  next  vessel  bound  to  Mexico.  He  also 
gave  to  those  who  were  without  funds  the  sum  of  two 
thousand  francs;  promising  at  the  same  time,  on  his 
arrival  in  Mexico,  to  give  their  claims  all  the  consid 
eration  and  attention  to  which  they  might  be  entitled. 
It  would  have  been  almost  an  impossibility  for  him  to 
have  passed  them  without  extending  to  them  some  favor: 
such  was  the  character  of  the  man. 

His  acts  of  generosity  being  finished,  the  ships  sailed 
on  their  way,  arriving  at  Jamaica,  May  21st.  Remain 
ing  only  one  day,  they  steered  directly  for  Yera  Cruz, 
without  visiting  Havana,  as  many  contemplated,  and 
much  to  the  regret  of  the  Cubans. 

They  had  not  sailed  far  from  the  island  of  Jamaica, 
when  the  Themis  took  the  lead,  pressing  on  steam,  in 
order  to  herald  the  glad  tidings  of  the  near  approach  of 
the  coming  Sovereigns,  to  the  people  of  Vera  Cruz.  At 
about  six  o'clock  of  the  morning  of  the  28th  of  May,  the 
Themis  dropped  her  anchor  in  the  port  of  her  destina 
tion.  The  news  of  the  expected  arrival  of  the  new  rulers 
spread  with  lightning  speed  all  through  the  country. 

While  far  away  from  the  coast  of  Mexico,  Their  Ma 
jesties  stood  upon  the  quarter-deck  of  the  Novara, 
straining  their  eyes  to  obtain  a  view  of  Orizaba  peak, 
that  mighty  sentinel,  that  king  of  mountains,  that  pierces 
its  hoary  head  high  into  the  heavens,  as  though  it  were 
the  supporting  pier  of  the  celestial  canopy.  But  Nature, 
chary  of  the  beauty  of  her  architecture,  threw  a  heavy 
mantle  of  clouds  around  the  white  drapery  of  snow,  lest 
a  summer's  noonday  sun  should  fringe  it  with  rays. 

A  little  after  two  o'clock  in  the  afternoon,  the  No- 
vara  came  steaming  gallantly  in,  dropping  anchor  at  a 


106  MAXIMILIAN. 

short  distance  to  the  south  of  the  Castle  of  Uloa.  The 
cannons  thundered  on  sea  and  land,  like  the  artillery  of 
heaven ;  loud  huzzas  rent  the  air  from  the  living  mass 
that  swarmed  the  wharf,  sea-shore,  and  house-tops ; 
rockets  hissed  through  the  heated  air ;  musicians  were 
blowing  themselves  into  notice;  hats,  handkerchiefs, 
flags,  and  banners  were  waving,  high  and  low;  the 
crowd,  looking  as  though  their  greatest  expectations  had 
been  realized,  could  hardly  believe  what  their  eyes  be 
held.  Never  did  the  arrival  of  living  man  cause  in 
Vera  Cruz  such  a  gala-day,  such  a  shout  of  universal 
joy.  The  arrival  of  Cortez,  more  than  three  centuries 
ago,  might  have  been  more  surprising,  but  not  half  so 
welcome. 


CHAPTER    VIII. 

Maximilian's  proclamation  at  Vera  Cruz— Ceremonies  there— En  route  to  Cor 
dova—  Orizaba— Puebla— Guadalupe— At  the  Capital. 

IX  the  afternoon  of  the  28th  of  May,  soon  after  the 
arrival  of  the  steamer  Novara  at  Vera  Cruz,  the  fol 
lowing  proclamation  was  issued  by  Maximilian,  and  cir 
culated  through  that  city : 

"  MEXICANS  : 

"  You  have  desired  my  presence  !  Your  noble  na 
tion,  by  a  voluntary  majority,  has  chosen  me  to  watch 
henceforth  over  your  destinies  !  I  gladly  respond  to 
this  call. 

"  Painful  as  it  has  been  for  me  to  bid  farewell  forever 
to  my  own,  my  native  country,  I  have  done  so,  being 
convinced  that  the  Almighty  has  pointed  out  to  me, 
through  you,  the  noble  mission  of  devoting  all  my 
strength  and  heart  to  a  people  who,  tired  of  war  and 
disastrous  contests,  sincerely  wish  for  peace  and  -prosper 
ity  ;  to  a  people  who,  having  gloriously  obtained  their 
independence,  desire  to  reap  the  benefit  of  civilization 
and  true  progress. 

"  The  confidence  which  animates  you  and  me  will  be 
crowned  by  a  brilliant  success,  if  we  always  remain 
united  to  defend  valiantly  the  great  principles  which 
are  the  only  true  and  lasting  bases  of  modern  States — 
the  principles  of  inviolable  and  immutable  justice, 
equality  before  the  law,  an  open  road  to  every  one  to 
every  career  and  social  position,  complete  personal  lib 
erty  well  defined,  having  in  it  the  protection  of  the  in 
dividual  and  property,  the  improvement  of  national 


108  MAXIMILIAN. 

riches,  the  advancement  of  agriculture,  of  mining,  and 
of  industry,  the  establishment  of  ways  of  communica* 
tion  for  an  extensive  commerce,  and  finally,  the  free  de 
velopment  of  intelligence  in  all  that  relates  to  the  pub 
lic  interest. 

"  The  blessings  of  Heaven,  and  with  them  progress  and 
liberty,  will  not  surely  be  wanting,  if  all  parties,  under 
the  guidance  of  a  strong  and  loyal  government,  unite  to 
realize  the  objects  I  have  just  indicated,  and  if  we  always 
continue  animated  by  the  sentiment  of  religion,  by  which 
our  country  has  been  distinguished  even  in  the  most  un 
fortunate  times. 

"  The  civilizing  flag  of  France,  raised  to  such  a  high 
position  by  her  noble  Emperor,  to  whom  you  owe  the 
regeneration  of  order  and  peace,  represents  the  same 
principles.  This  is  what,  some  months  ago,  in  sincere 
and  disinterested  language,  the  chief  of  her  troops  said 
to  you,  as  the  announcement  of  a  new  era  of  happiness. 

"  Every  country  which  has  desired  to  have  a  future, 
has  succeeded  in  being  great  and  strong  by  following 
this  road.  United,  loyal,  and  firm,  God  will  give  us 
strength  to  reach  the  degree  of  prosperity  which  is  the 
object  of  our  ambition. 

"  Mexicans  !  the  future  of  our  beautiful  country  is  in 
our  hands.  As  to  me,  I  oifer  you  a  sincere  will,  loy 
alty,  and  a  firm  intention  to  respect  your  laws,  and  to 
cause  them  to  be  respected  with  an  invariable  authority. 

"  God  and  your  confidence  constitute  my  strength  : 
the  flag  of  independence  is  my  symbol :  my  motto  you 
already  know,  *  Equity  in  Justice ;'  T  will  be  faithful 
to  it  all  my  life.  It  is  my  duty  to  wield  the  sceptre  con 
scientiously,  and  the  sword  of  honor  with  firmness. 

"  The  enviable  task  belongs  to  the  Empress  to  conse 
crate  to  the  country  all  the  noble  sentiments  of  Christian 
virtue,  and  the  mildness  of  a  tender  mother. 

"  Let  us  unite  to  carry  out  a  common  object ;  let  us 


MAXIMILIAN.  109 

forget  past  sorrows ;  let  us  bury  party  hatred,  and  the 
Aurora  of  Peace  and  of  deserved  happiness  will  ra 
diantly  beam  forth  again  over  the  new  Empire. 

"  MAXIMILIAN. 
"  VERA  CRUZ,  May  28th,  1864" 

Lieutenant-General  Almonte  being  the  highest  officer 
in  the  Imperial  service,  was  the  proper  one  to  receive 
the  new  Sovereigns.  At  five  o'clock  that  morning  he 
left  Cordova  for  Vera  Cruz,  reaching  there  about  five 
o'clock  in  the  afternoon.  Everybody  was  anxiously 
waiting  his  arrival.  The  fact  was,  the  arrival  of  the 
distinguished  personages  was  sooner  than  was  antici 
pated  ;  hence  the  delay  in  preparations. 

A  committee,  composed  of  the  city  officers,  assembled 
at  the  palace ;  and,  on  the  arrival  of  General  Almonte, 
escorted  him  to  the  wharf  amid  the  roars  of  the  cannon 
and  the  huzzas  of  the  people.  The  General  first  had  a 
private  interview  with  the  Emperor.  Immediately  after, 
the  city  officers,  headed  by  the  Prefect,  D.  Domingo 
Bureau,  were  presented  by  the  Minister,  Senor  Velaz 
quez  de  Leon. 

His  Majesty  was  in  the  saloon  on  the  upper  deck, 
dressed  in  a  black  frock-coat,  white  vest  and  pants,  and 
black  cravat.  The  committee  were  dressed  in  the  same 
manner. 

The  presentation  being  completed,  the  Prefect  ad 
dressed  Their  Majesties  as  follows  : 

"  SIRE  : 

"  Truly  will  the  day  be  ever  memorable  on  which 
Your  Imperial  Highness  reached  Mexico,  as  the  desired 
savior  to  establish  the  Empire,  which  has  been  pro 
claimed  under  auspices  so  favorable,  since  no  one  having 
a  good  heart  and  a  religious  belief  can  fail  to  recognize 
the  benign  hand  of  Providence  in  the  admirable  events 


110  MAXIMILIAN. 

which  have  prepared  the  regeneration  of  this  beautiful 
and  desolated  country,  opening  up  an  enviable  future, 
under  the  illustrious  and  benign  sceptre  of  Your  Im 
perial  Majesty. 

"  The  new  era  which  commences  for  the  Mexicans  is 
full  of  hope,  founded  on  the  wisdom  and  noble  designs 
which  inspire  Your  Imperial  Majesty  in  raising  this  na 
tion  (now  so  low)  to  the  height  of  a  prosperous  destiny. 

"Your  Imperial  Majesty  is  welcome  to  your  new 
country,  with  which,  in  doing  it  the  honor  of  adopting 
it  as  your  own,  you  have  wished  to  identify  your  fate. 

"  May  God  bless  the  noble  purpose  which  guides  Your 
Imperial  Majesty  in  favor  of  the  Mexicans,  and  crown 
with  the  most  complete  success  your  grand,  civilizing, 
and  Christian  undertaking. 

"  As  Political  Prefect  of  this  District,  and  in  the  name 
of  the  authorities  and  inhabitants  of  the  same,  I  have 
the  honor  and  the  satisfaction  of  congratulating  Your 
Imperial  Majesty,  and  Your  Majesty  the  Empress,  for 
your  fortunate  arrival  on  the  soil  of  Mexico,  and  of  pre 
senting  you  our  complete  and  sincere  adhesion,  as  well 
as  our  most  profound  respect." 

His  Majesty  made  the  following  reply : 

"  I  view  with  pleasure  the  arrival  of  the  day  when  I 
can  walk  the  soil  of  my  new  and  beautiful  country,  and 
salute  the  people  who  have  chosen  me.  May  God 
grant  that  the  good-will  that  led  me  toward  you  may 
be  advantageous  to  you;  and  that  all  good  Mexicans 
uniting  to  sustain  me,  there  will  be  better  days  for  the 
future.  The  important  department  and  city  of  Vera 
Cruz,  which  have  been  so  much  distinguished  for  their 
patriotism,  ought  to  be  sure  of  my  benevolence.  This 
port  being  the  principal  entrance  to  the  interior,  my  so 
licitude  will  be  devoted  to  the  opening  and  extending 
of  its  commerce. 


MAXIMILIAN.  HI 

"  Gentlemen,  I  promise  to  return  to  see  you  in  a  more 
favorable  season,  and  then  to  remain  with  you  as  long 
as  it  may  be  necessary." 

His  Majesty  then  entered  the  other  saloon,  and  taking 
the  Empress  by  the  arm,  walked  to  the  centre  of  the 
saloon,  in  presence  of  the  committee ;  then  the  Minister, 
Seiior  Velazquez  de  Leon,  advanced  and  presented  the 
committee  to  Her  Majesty.  The  Prefect  immediately 
complimented  her  in  the  following  terms : 

"  MADAM  : 

"  Your  Majesty  will  please  condescend  to  receive 
the  most  sincere  congratulation  and  the  most  perfect 
homage  from  the  authorities  and  inhabitants  of  this 
district.  While  I  have  the  honor  to  present  the  com 
mittee  to  Your  Majesty  on  your  fortunate  arrival,  they 
are  struck  with  admiration  by  the  virtues  and  talents 
your  noble  character  presents.  Providence  has  oifered 
Mexico  the  double  benefit  of  an  enlightened  Sovereign, 
united  in  destiny  with  Your  Majesty,  an  object  of  aifec- 
tion  and  respect  with  all  good  hearts,  and  Mexico  recog 
nizes  in  you  a  worthy  spouse  of  our  elected  Emperor. 
The  Mexicans,  Madam,  who  expect  so  much  from  the 
good  influence  of  Your  Majesty  in  favor  of  all  that  is 
noble  and  great,  of  all  that  bears  relation  to  the  elevated 
sentiments  of  religion  and  of  country,  bless  the  moment 
in  which  Your  Majesty  reached  the  soil,  and  proclaim 
in  one  voice,  *  Long  live  the  Empress  !' " 

The  Empress,  very  gracefully  and  briefly,  in  Spanish, 
responded. 

Soon  after  this  ceremony  had  taken  place,  Their  Ma 
jesties  retired,  in  company  with  General  Almonte,  and 
the  committee  of  city  officers  returned  on  shore. 

That  day,  on  board  the  steamer,  the  Emperor  appointed 


112  MAXIMILIAN. 

General  Almonte  the  Grand  Marshal  of  the  Court  and 
Minister  of  the  Imperial  House. 

He  addressed  the  following  note  to  the  General : 

"  MY  DEAR  GENERAL  ALMONTE  : 

"At  the  moment  in  which  I  receive  from  your 
hands  the  affairs  of  the  Empire,  I  hasten  to  give  you,  in 
presence  of  the  whole  country,  which  owes  you  such 
great  obligations,  a  public  proof  of  my  acknowledgment. 

"  I  have  decided  to  appoint  you  Grand  Marshal  of  the 
Court  and  Minister  of  the  Imperial  House;  remitting 
you,  with  your  appointment,  the  regulations  and  instruc 
tions  which  will  guide  you  in  the  fulfilment  of  such  dis 
tinguished  functions. 

"  Receive,  General,  the  proof  of  my  consideration  and 
appreciation. 

"  MAXIMILIAN. 

"  ON  BOARD  THE  '  NovARA,'  May  28th,  1864." 

Their  Majesties  were  quite  anxious  to  remain  a  few 
days  in  Vera  Cruz,  to  become  better  acquainted  with 
the  inhabitants,  and  to  ascertain  their  wants.  But  on 
account  of  the  hot  season,  a  somewhat  dangerous  one 
for  those  not  acclimated,  and  by  some  considerable 
solicitation  on  the  part  of  their  friends,  they  were  per 
suaded  to  change  their  determination,  and  to  hasten  on 
to  breathe  the  mountain  air.  It  was  therefore  decided 
that  they  would  disembark  on  the  following  morning, 
at  an  early  hour.  The  committee  of  city  officials  pre 
sented  themselves  on  board  at  a  very  early  hour  the 
next  morning,  and  at  five  o'clock  Mass  was  said  in  pres 
ence  of  Their  Majesties  and  the  committee.  His  Majesty 
then  observed :  "  I  wish,  in  the  future,  that  there  be  no 
distinction  made  between  those  who  are  Indians  and 
those  who  are  not.  All  are  Mexicans,  and  have  equal 
right  to  my  solicitude." 


MAXIMILIAN.  113 

The  small  boats  were  ordered  to  be  ready,  and  soon 
Their  Majesties  and  retinue  were  gliding  to  the  shore. 
On  arriving  upon  the  wharf,  at  the  entrance  of  the  city 
gate,  the  President  of  the  Ayuntamiento,  D.  Salvador 
Carrau,  accompanied  by  the  Council  and  public  officers, 
presented  to  His  Majesty  the  key  of  the  city,  which  was 
neatly  wrought,  and  placed  on  a  silver  waiter ;  at  the 
same  time  congratulating  him  on  his  arrival. 

The  Emperor  made  a  very  happy  reply. 

At  the  conclusion  thereof,  Their  Majesties  and  Gen 
eral  Almonte  entered  an  open  carriage  and  rode  through 
the  principal  streets,  followed  by  many  other  carriages, 
horse  and  footmen.  Triumphal  arches  were  raised  at 
various  points,  richly  and  gayly  decorated;  windows 
were  wreathed  with  flags  and  flowers,  and  verses  in 
honor  of  the  new  Sovereigns  were  visible  in  every  direc 
tion  ;  while  the  loud  huzzas  almost  drowned  the  music 
of  the  band. 

A  short  time  only  was  occupied  in  viewing  the  city. 
Their  Majesties  and  suite  were  soon  placed  in  a  car,  and 
the  remainder  of  the  escort  in  another.  They  reached 
Soledad  at  nine  o'clock,  where  they  breakfasted.  The 
escort  from  Vera  Cruz,  composed  of  the  municipal 
authorities,  returned  from  Loma  Alta — there  bidding 
Their  Majesties  farewell.  The  party  did  not  reach  Cor 
dova  until  two  o'clock  the  following  morning.  Not 
withstanding  the  lateness  of  the  hour,  the  city  was  all 
alive — a  blazing  mass  of  illumination.  The  late  arrival 
was  caused  by  the  breaking  of  one  of  the  axletrees  of 
the  carriage  in  which  Their  Majesties  rode ;  the  night 
was  dark  and  rainy ;  but  the  Sovereigns  did  not  seem 
to  be  troubled  by  the  accident  in  the  least — they  were 
so  much  delighted  with  the  desire  exhibited  by  their 
subjects  to  do  all  they  could  for  them  under  the 
circumstances.  Long  before  they  reached  Cordova,  a 
number  of  Indians  were  sent  out  from  that  city  with 


114  MAXIMILIAN. 

torches,  winch  they  carried  in  front  of  the  carriage,  and 
which  enabled  the  driver  to  clearly  see  the  road. 

As  they  arrived  at  the  garita,  or  entrance  of  the  city 
limits,  they  were  met  by  the  President  of  the  Ayunta- 
miento  (or  Town  Council),  and  other  city  officers.  The 
President  then  delivered  to  His  Majesty  the  keys  of  the 
city  of  Cordova;  at  the  same  time  addressing  him  in 
behalf  of  the  city. 

After  their  arrival  in  Cordova,  that  morning  at  ten 
o'clock  there  was  a  solemn  Te  Deum  and  Mass  at  the 
church.  Soon  after,  the  city  authorities  assembled  at 
the  palace,  and  were  presented  to  Their  Majesties.  In 
response  to  the  congratulations  of  those  officers,  the 
Emperor  said : 

"  With  true  pleasure  we  see  you,  Gentlemen,  near  and 
around  us,  and  we  accept  your  good  desires.  May  the 
day  in  which  I  find  myself  for  the  first  time  among  you 
and  in  the  heart  of  my  new  and  beautiful  country,  be 
one  of  peace  and  sweet  confidence.  Being  with  all  my 
heart  a  Mexican,  it  is  my  first  and  most  ardent  wish 
that  all  my  compatriots  may  unite  at  my  side,  in  order 
to  be  able,  with  zeal  and  perseverance,  and  upon  free 
bases  corresponding  to  our  epoch,  to  work  for  the  good 
of  our  noble  country.  In  this  simultaneous  action  will 
be  found  our  strength  and  our  future.  You,  Gentlemen, 
that  are  the  representatives  of  this  district  and  city, 
must,  before  all,  give  your  fellow-citizens  the  example 
of  union,  of  zeal,  and  of  true  patriotism." 

His  Majesty  then  addressed  the  Ayuntamiento  thus : 

"  With  sincere  pleasure  we  salute  you,  Gentlemen. 
The  sacred  duties  which  the  Mexican  nation  has  imposed 
upon  us,  and  those  which  we  wish  to  enter  upon  with 
entire  and  loyal  abnegation,  call  us  forthwith  to  the 


MAXIMILIAN.  115 

Capital  of  the  Empire.  We  cannot  then,  I  regret  it,  re 
main  a  long  time  in  your  beautiful  and  interesting  city. 
Notwithstanding,  say  to  your  fellow-citizens,  that  the 
Empress  and  I  propose,  within  a  short  time,  to  pass  sev 
eral  days  among  you ;  and  that  then  it  will  be  for  me 
an  agreeable  task  and  duty  to  study  the  wants  and  the 
desires  of  the  city  and  its  dependencies." 

In  the  evening  a  fine  dinner  was  given  to  the  city  au 
thorities  and  other  persons  of  note,  numbering  in  all 
forty.  Fireworks  were  blazing  on  every  corner ;  while 
music  was  gladdening  the  hearts  of  the  lookers-on. 

The  next  morning,  at  eight  o'clock,  Their  Majesties 
were  again  on  the  road  to  Orizaba,  a  distance  of  six 
leagues.  Before  reaching  that  place,  they  found  a  con 
course  of  people  assembled  at  Barranca  de  la  Villegas, 
which  they  could  not  pass  unnoticed.  The  Sovereigns 
and  retinue  halted  awhile;  and  after  receiving  a  com 
plimentary  speech,  and  making  a  short  response,  they 
moved  on.  Having  arrived  at  the  Escarmela,  or  en 
trance  to  the  city  limits  of  Orizaba,  they  found  a  depu 
tation  of  city  officials,  and  among  them  the  Prefect, 
who  saluted  Their  Majesties  in  the  name  of  the  city. 
The  Emperor,  resting  one  hand  on  a  table,  and  having 
the  Empress  at  his  side,  made  a  very  affectionate 
reply. 

There  was  a  continual  stream  of  people,  banners, 
flowers,  and  music  all  along  the  road. 

Subsequently,  within  the  city  of  Orizaba,  in  answer  to 
an  address  made  by  the  Municipal  Prefect,  His  Majesty 
said: 

"  With  particular  satisfaction,  I  and  the  Empress  my 
wife  receive  your  good  wishes.  The  love  with  which 
our  new  country  greets  us,  profoundly  moves  us,  and 
we  think  it  a  happy  sign  of  an  agreeable  future.  If  all 


116  MAXIMILIAN. 

unite  with  us  with  the  sole  end  of  promoting  the  lasting 
greatness  and  prosperity  of  our  country,  Providence 
then  will  crown  our  efforts;  and  as  the  Empire  flour 
ishes,  the  divers  departments  and  cities  will  commence 
real  progress.  Orizaba,  in  particular,  has  a  double  in 
terest  in  the  completion  of  the  railroad,  which  I  propose 
not  to  lose  sight  of,  and  I  believe  the  day  will  soon 
arrive  when  the  Empress  and  I  shall  return  to  visit  you 
by  the  new  way  open  to  steam." 

He  then  spoke  to  the  authorities  of  Orizaba  in  general, 


"  In  traversing  the  territory  of  my  new  and  beau 
tiful  country,  I  receive  with  pleasure  the  demonstra 
tions  from  the  generous  people  who  have  called  me 
to  govern  their  destinies.  May  it  please  God  to  hear 
our  prayers,  and  to  give  the  Empire  the  era  of  peace 
which  it  so  much  requires  to  advance  in  greatness  and 
prosperity. 

"  The  benefit  of  really  free  institutions,  an  order  of 
things  regulated  and  lasting,  united  to  the  developed 
material  which  will  offer  you  the  means  of  easy  commu 
nication,  will  assure  you  at  last  the  complete  exploration 
of  the  extraordinary  riches  with  which  Providence  has 
favored  your  land  above  all  the  rest  of  the  earth.  My 
government  will  fix,  particularly,  its  attention  on  your 
interest.  You,  Gentlemen,  as  their  organs,  I  promise, 
will  watch  with  zeal  and  patriotism  the  execution  of  my 
orders,  and  will  take  care  of  their  punctual  fulfilment." 

On  that  day  the  Emperor  wore  white  pants,  a  black 
frock  coat,  and  a  high-crown  white  hat,  without  any 
distinguishing  mark  of  royalty.  The  Empress  wore  a 
dress  and  scarf  of  coffee-colored  silk,  and  a  hat  of  the 
same  color. 


MAXIMILIAN.  117 

Their  Majesties  were  perfectly  charmed  with  the  coun 
try  around  Cordova  and  Orizaba.  Its  natural  beauty 
and  formation ;  its  rich  and  luxuriant  foliage ;  its  val 
leys  ;  the  grandeur  of  the  surrounding  mountains, — all 
presented  a  magnificent  panoramic  view. 

The  remarkable  beauty  of  the  scenery  which  had  been 
presented  to  them  by  books,  by  travellers,  by  the  na 
tives,  began  to  be  realized.  They  believed  that  their 
newly  adopted  country  was  equal  to  the  sketch  of  their 
own  bright  fancies.  As  they  cast  their  eyes  upward 
and  beheld  the  white  mantle  of  winter's  snow,  while 
beneath  and  around  them  the  rich  plantations  of  coifee, 
sugar-cane,  cotton,  oranges,  bananas,  and  all  kinds  of 
tropical  fruit  were  spreading  their  beautiful,  gently- 
hanging,  green  foliage,  and  scenting  the  balmy  air  with 
their  honeyed  breath  ;  while  the  various  feathered  races, 
with  their  plumage  dipped  in  the  rainbow  hues,  were 
mingling  their  warbling  notes  with  the  soft-tuned  guitar 
and  the  sweet  accents  of  the  fair  daughters  of  Moctezu- 
ma ;  while  they  contemplated  all  this  great  picture-gal 
lery  of  nature,  with  the  productive  soil  beneath,  and  still 
deeper  down  a  mighty  body  of  mother  earth  all  inter 
laced  with  arteries  and  veins  of  gold  and  silver,  they 
were  indeed  enchanted.  His  Majesty  exclaimed,  "  How 
beautiful  our  country  is  !" 

As  their  Majesties  were  entering  Orizaba,  the  people 
desired  to  take  the  mules  from  the  carriage  and  draw  it 
by  hand  ;  but  His  Majesty  did  not  wish  to  accept  such 
homage  as  that.  After  his  positively  refusing,  they  re 
tired  from  the  carriage  with  a  perfect  good-will,  giving 
at  the  same  time  the  wildest  shouts  of  enthusiasm. 

The  following  day,  June  1st,  about  nine  o'clock  in  the 
morning,  the  Empress  received  a  committee  of  ladies 
from  the  district  of  Augustina,  who,  after  congratulating 
her  upon  her  arrival,  presented  her  with  a  ring,  which 
she  placed  upon  her  finger,  saying  that  she  would  ever 


118  MAXIMILIAN. 

preserve  it  as  a  sweet  recollection  of  her  trip  through 
Orizaba. 

An  hour  later,  Their  Majesties  attended  Mass  at  the 
church.  At  the  conclusion  of  the  service  they  visited 
the  schools  and  hospitals.  The  Emperor  examined  mi 
nutely  the  apartments  occupied  by  the  men ;  while  the 
Empress  gave  a  thorough  look  at  the  rooms  and  inmates 
in  the  female  apartment.  His  Majesty  then  visited  the 
prisons,  asking  each  one  therein  how  he  was  treated, 
and  for  what  he  was  there. 

Later  in  the  day,  at  the  palace,  the  curate  of  Naranjal 
(an  Indian  town)  was  presented  to  Their  Majesties,  to 
gether  with  the  Alcalde  and  Rejidor  of  the  town;  also, 
two  young  Indian  girls.  The  Alcalde  made  a  speech  to 
the  Emperor  in  the  Aztec  language,  which  was  as  fol 
lows  : 

"  No  mahuistililoni  tlactocatzine,  nican  tiquimopielia 
mo  icno  masehual  conetzihua,  ca  san  ye  ohualacque  o 
mitzmotlacpalhuiliztinoto,  ihuan  ica  tiquimomachtis  ca 
huel  senca  techyolpaqui  mo  hualialitzin  impampa  itech 
tiqueta  aco  se  cosamalotl  quixikintihuitz  inon  mexicolis 
mixtl  nesi  ye  omochautiheaipan  to  thactocazotl.  In  sen- 
hulitini  mitztitlariia,  ma  ye  huatzin  mitzmochicahuili  ica 
titechmaquixtis.  Nis  tiquinopielia  inin  maxochtzintl, 
quen  se  machiotl  in  tetlasotla  litzin,  mitzmo  maquilia 
mo  xocotitlan  coneztzitzihua." 

This  speech  was  translated  into  Spanish,  and  in  Eng 
lish  reads  thus : 

"  Our  honorable  Emperor,  here  you  have  these  poor 
Indians,  your  children,  who  have  come  to  salute  you ; 
and  by  that  you  know  that  your  coming  much  pleases 
their  hearts ;  because  in  it  they  see,  as  it  were,  a  rainbow 
whicli  dispels  the  clouds  of  discord  that  appear  to  have 


MAXIMILIAN.  119 

gathered  in  our  kingdom.  The  Almighty  sent  you ;  it 
is  He  that  gives  you  power  to  save  us.  Here  is  this 
flower;  see  in  it  the  sign  of  our  love.  Your  sons  of 
Naranjal  give  it  to  you." 

The  flowers  were  woven  with  palm-leaves  in  the  shape 
of  a  fan.  They  were  peculiar  to  this  country,  called 
siemprevivas  (ever-living).  The  colors  were  red  and 
white,  which,  added  to  the  green  palm,  constituted  tlie 
colors  of  the  Mexican  flag. 

The  Emperor,  in  reply,  addressed  the  Indians  in  the 
following  words  (which  were  spoken  by  him  in  Spanish, 
and  interpreted  to  them) : 

"  It  is  very  pleasant  to  me,  my  dear  children,  to  re 
ceive  you  as  a  commission  from  your  town,  because  it  is 
a  proof  of  the  confidence  which  you  ought  to  place  in 
me,  in  order  to  enjoy  the  peace  and  well-being  which 
you  have  so  long  needed. 

"  You  may  count  on  the  anxious  care  which  I  shall 
take  to  protect  your  interest,  to  favor  your  works  and 
agricultural  productions,  and  to  improve  in  every  man 
ner  your  situation ;  and  so  you  can  tell  it  to  the  people 
of  Naranjal." 

The  two  Indian  girls  then  presented  the  Empress  with 
a  little  basket,  a  handkerchief,  and  a  turtle-dove.  Her 
Majesty  thanked  them  very  kindly,  with  a  sweet  smile 
on  her  face.  This  seemed  to  please  the  Indians  highly. 
She  then  sent  for  a  cage  to  put  the  dove  in. 

After  visiting  again  the  schools,  examining  the  schol 
ars  in  their  different  studies,  and  giving  each  a  piece  of 
gold  money,  Their  Majesties  returned  to  the  palace  to 
dine.  A  rich  banquet  was  spread,  at  which  the  officers 
and  some  other  prominent  persons  assisted.  At  eight 
and  a  half  o'clock  they  retired  from  the  table,  to  prepare 


120  MAXIMILIAN. 

for  the  ball,  which  took  place  at  the  residence  of  the 
French  Consul,  Senor  Bernard.  The  house  was  most 
elegantly  decorated  for  the  occasion.  The  road  to  the 
house  was  lighted  by  torches,  held  by  French  soldiers. 
Their  Majesties  entered  at  ten  o'clock,  and  were  received 
by  the  municipal  authorities  and  a  committee  of  ladies 
and  gentlemen  at  the  entrance. 

The  first  quadrille  was  formed  as  follows :  The  Em 
peror,  with  the  lady  of  Gen.  Almonte ;  the  Empress,  with 
Gen.  Almonte ;  Senor  Arrozo,  with  Madam  Bernard ; 
General  Woll,  with  Madam  Herrera  ;  Gen.  de  Maussion, 
with  Madam  Adalid ;  Seiior  Suary  Peredo,  with  Miss 
Swane. 

The  next  quadrille  His  Majesty  danced  with  Madam 
Herrera,  and  the  Empress  with  General  Maussion.  Their 
Majesties  retired  at  twelve  o'clock,  without  partaking  of 
the  supper,  remarking  that  it  was  not  their  custom  to 
eat  late  at  night.  The  ball  went  on  till  six  in  the  morn 
ing. 

The  next  morning  at  ten  o'clock  the  Empress,  plainly 
dressed,  accompanied  by  two  or  three  persons  of  her 
household,  entered  an  ordinary  carriage  drawn  by  two 
mules,  having  a  driver  and  lackey,  and  proceeded  to 
visit  the  Carmelite  Convent  of  Nuns.  A  collation  had 
been  prepared  for  Her  Majesty,  which  was  kindly  ac 
cepted  and  eaten  by  her  on  a  table  before  which,  on 
two  benches,  the  Nuns  seated  themselves.  The  Superior 
of  the  Convent  requested  the  Nuns  to  take  off  their 
veils  in  honor  of  Her  Majesty,  and  to  remain  uncovered 
until  the  eating  wras  finished. 

In  the  mean  time  the  Emperor  was  occupied  reading 
the  newspapers,  and  receiving  those  who  desired  to  meet 
him.  Their  Majesties  contemplated  a  horseback  ride 
at  eleven  o'clock,  but  on  account  of  the  weather  they 
postponed  it  until  four  o'clock  in  the  afternoon.  As  it 
rained  at  that  hour  of  the  afternoon  slightly,  they  took 


MAXIMILIAN.  121 

a  carriage  and  rode  beyond  the  suburbs,  as  far  as  the 
cotton-factory  called  Cocolapam,  about  a  mile  distant ; 
thence  to  the  paper-mill ;  and  thence  to  the  Valley  of 
Borrego.  It  soon  ceased  raining,  then  became  clear, 
and  the  new  rulers  lingered  awhile  to  contemplate  the 
exquisite,  the  grand,  the  majestic  beauty  of  the  wild 
mountain-scenery.  It  would  be  difficult  for  the  pen  to 
over-color  the  appearance  of  nature  around  Orizaba. 
That  section,  and  the  Cordova  Valley,  are  the  gardens 
of  Mexico. 

That  evening  Their  Majesties  and  the  Grand  Marshal 
ate  together,  exclusive  of  others.  The  people  of  Ori 
zaba  were  very  much  surprised  at  the  simplicity  of  their 
new  Sovereigns.  Their  idea  of  royal  personages  was 
connected  more  with  great  dignity  and  pomp.  And 
when  they  observed  Their  Majesties  giving  such  atten 
tion  to  the  poorest  and  most  humble,  it  was  beyond  their 
expectation. 

A  small  group  of  Republicans  stood  near  where  the 
Emperor  was  about  to  pass :  of  them  it  had  been  said 
that  they  did  not  intend  to  notice  him  when  he  neared 
them.  His  Majesty  passed  them,  raising  his  hat  very 
politely ;  and  the  group,  by  impulse  as  it  were,  immedi 
ately  raised  their  hats.  The  gentleness  of  his  manner 
overcame  them,  and  they  concluded  that  he  was  quite 
as  democratic  as  they. 

The  Empress  gave  three  hundred  dollars  to  the  Muni 
cipal  Prefect  for  the  benefit  of  the  poor,  and  the  sick  of 
the  hospitals. 

At  about  eight  o'clock  the  following  morning  Their 
Majesties  were  moving  toward  Puebla,  escorted  by 
mounted  men,  carriages,  footmen,  numbering  thousands, 
amid  the  booming  of  artillery  and  the  shooting  of 
rockets.  The  air  was  freighted  with  music  and  per 
fumed  by  every  kind  of  flower,  like  the  ambrosial  breeze 
of  India  ;  exquisitely- wreathed  arches  o'erhung  the  road, 

6 


122  MAXIMILIAN. 

while  silvered  apparel  on  horse  and  man  glittered  in  the 
sun  with  diamond  brightness ;  and  fair  gardens,  orna 
mented  with  their  golden  fruit,  burnished  by  the  broad 
sunshine  of  the  blushing  moon,  extended  far  and  near. 
All,  all  this,  drank  in  by  the  vision,  with  a  mingled  view 
of  the  wintry  grandeur  of  Orizaba  Peak,  was  enough 
for  Fancy  to  call  it  the  grand  entrance  to  the  golden 
bowers  of  Eden. 

Their  Majesties  and  retinue  reached  Acultzingo  at 
half-past  eleven,  where  they,  for  the  first  time,  ate  a 
Mexican  breakfast  of  tortillas,  chili  (red  peppers),  and 
drank  pulque,  the  fermented  juice  of  the  maguey  plant. 
At  this  place  they  rested  awhile,  also  taking  another 
view  of  the  country  from  a  high  hill.  They  could  not 
refrain  from  seeking  every  prominent  position  to  look  at 
the  scenery.  They  were  enchanted.  The  road  to  Puebla 
was  one  continued  bower  of  flowers,  flags,  banners,  and 
poetical  verses — it  was  a  chain  of  ovations. 

The  Sovereigns  entered  the  city  of  Puebla  at  ten 
o'clock  on  the  morning  of  June  5th,  surrounded  by 
great  splendor.  Near  the  triumphal  arch  in  the  street 
of  Alguacil,  the  ceremony  of  delivering  the  keys  of  the 
city  to  his  Majesty  by  the  Municipal  Prefect  took  place, 
on  which  occasion  the  Emperor  said : 

"  I  accept,  Gentlemen,  with  joy  the  keys  of  this  city, 
because  I  see  in  this  act  that  you  place  confidence  in  me, 
and  understand  my  loyal  intention ;  but  being  sure  of 
your  fidelity,  I  return  them  to  you,  asking  only  to  pos 
sess  your  hearts." 

After  this  the  grand  procession  moved  on  into  the 
city,  and  halted  before  the  cathedral.  Their  Majesties 
stepped  out  of  the  carriage,  and  were  received  under  a 
pall  by  the  venerable  Prelate  and  two  Bishops ;  thence 


MAXIMILIAN.  123 

they  passed  into  the  temple,  which  was  superbly  adorned. 
A  beautiful  hymn  was  chanted,  followed  by  other  solem 
nities.  At  the  conclusion,  Their  Majesties  entered  the 
Bishop's  beautifully-decorated  palace  ;  there  the  Politi 
cal  and  Municipal  Prefects  each  addressed  them. 

His  Majesty  responded  first  to  the  authorities  of  Pue- 
bla,  thus  : 

"  It  is  very  flattering  to  us  to  see  ourselves  surrounded 
by  the  authorities  of  a  department  so  important,  and  of 
a  large  and  interesting  city ;  and  with  pleasure  we  receive 
your  salutations.  The  noble  Mexican  people  have  placed 
in  us  their  confidence.  We  shall  consider  it  our  duty  to 
act  accordingly,  and  to  concentrate  our  efforts  to  procure 
for  the  nation  the  fulfilment  of  its  just  aspirations. 

"  Through  the  means  of  institutions  really  free,  of 
exact  justice,  protection  to  persons  and  property,  the 
Chief  and  his  organs  will  be  able  to  carry  the  country 
through  the  path  of  progress  which  leads  to  prosperity 
and  true  greatness. 

"  It  belongs  to  Puebla,  which  is  one  of  the  largest 
central  cities  of  the  Empire,  to  shine  forth  as  an  ex 
ample." 

Then  to  the  Ayuntamiento  of  Puebla  he  said : 

"  With  a  sentiment  of  pleasure  mingled  with  grief,  I 
see  your  city ; — with  pleasure,  I  salute  one  of  the  largest, 
most  beautiful,  and  important  cities  of  the  Empire  ;  with 
pain,  I  contemplate  the  unfortunate  inhabitants  agitated 
by  the  evils  of  political  disruptions.  The  government 
to  whose  election  you  have  contributed,  will  impose  upon 
itself  the  task  of  healing  your  wounds  as  soon  as  possi 
ble,  and  of  facilitating,  through  means  of  institutions 
which  are  in  accordance  with  the  age,  the  development 


121  MAXIMILIAN. 

of  prosperity,  so  that  the  resources  of  this  rich  country 
may  be  cultivated  in  the  highest  degree.  I  hope  the 
day  is  not  far  distant  when  the  iron  road  will  unite  your 
valley  with  the  ocean,  and  bring  you  such  an  abundant 
compensation  that  you  will  forget  your  past  troubles. 
Then  will  this  noble  city  be  regenerated  with  new  vigor 
and  beauty." 
V 

On  the  7th  of  June,  the  anniversary  of  the  Empress's 
birthday,  solemn  Mass  was  said  in  the  cathedral.  Praises 
to  the  Almighty  were  sung  by  the  Bishop,  assisted  by 
the  choir  and  the  whole  audience.  At  seven  o'clock  in 
the  evening  a  grand  banquet  was  given  at  the  palace, 
attended  by  about  sixty  persons. 

At  ten  o'clock  Their  Majesties  repaired  to  the  Alhon- 
diga,  market  building,  where  a  grand  ball  was  given  in 
honor  of  Her  Majesty's  birthday.  From  the  street  to 
the  foot  of  the  stairway  a  carpet  of  flowers  was  strewn 
for  Their  Majesties  to  walk  upon.  In  the  angles  of  the 
court  stood  colossal  pyramids,  covered  from  their  base 
up  with  crystal  vases  of  variegated  colors,  which  pre 
sented  a  group  of  rainbow  hues,  reflected  from  the  bril 
liant  evening  lights. 

Their  Majesties  entered,  taking  possession  of  the  throne 
erected  for  the  occasion.  Presently  a  quadrille  was 
called.  His  Majesty,  accompanied  by  Senora  Da  Gua- 
dalupe  Osio  de  Pardo,  took  his  position ;  the  Empress, 
with  the  Political  Prefect,  Seiior  D.  Fernando  Pardo, 
stood  opposite  :  General  Brincourt  accompanied  Seiiora 
Navarrete  de  Marion  ;  and  opposite  them  stood  General 
D.  Maussion,  with  Senora  Da  Dolores  Quesada  de  Al 
monte  :  at  the  right  of  the  Emperor  was  General  Woll 
and  Senora  Da  Emilia  Cota  de  Tapia.  and  the  Municipal 
Prefect,  D.  Juan  E.  de  Uriarte,  with  Seiiora  Da  Guada- 
lupe  Pardo  de  Pardo  ;  on  the  left,  the  Minister  of  State, 
D.  J.  M.  de  Arroyo,  with  Senora  Da  Guadalupe  Al- 


MAXIMILIAN.  125 

monte ;  and  Colonel  Jeanningras,  with  Seiiora  Da  Car 
men  Marron  de  Gonzales. 

The  Empress  wore  a  plain  but  elegant  white  silk  dress. 
On  her  head  was  a  crown  of  diamonds  and  emeralds, 
with  a  red  and  a  white  rose — the  Mexican  colors.  A 
superb  necklace  of  diamonds  brilliantly  sparkled,  and 
rich  bracelets  of  precious  stones  dazzled  in  the  evening 
light. 

The  Emperor  with  the  Empress  left  the  room  at  half 
past  twelve.  The  next  noonday  they  were  again  in  the 
carriage,  advancing  toward  Cholula,  for  the  great  Cap 
ital.  Stopping  occasionally  to  gratify  the  curiosity  of 
\  their  subjects,  who  showed  unparalleled  good-will,  they 
reached  Guadalupe  on  the  eleventh  of  June,  making 
their  entry  at  two  o'clock  in  the  afternoon.  They  were 
with  great  solemnity  received  by  the  Archbishops  of 
Mexico  and  Michoacan,  under  a  pall,  near  the  railroad 
station  :  they  were  also  there  met  by  the  civil  authori 
ties  of  the  town.  They  soon  entered  the  renowned 
church  of  Guadalupe,  and  there  occupied  the  throne  in 
the  presbytery.  The  illustrious  Sefior  Labastida,  ac 
companied  by  the  other  prelates  present,  intoned  the 
Domine  Salvumfac  Imperatorum.  After  this  solemn 
act,  Their  Majesties  passed  into  the  sacristy  ;  thence  into 
the  chapter. 

The  authorities  of  the  town  being  gathered  into  one 
of  the  halls,  it  was  announced  that  Their  Majesties 
would  soon  advance  to  the  capital  of  the  nation,  one 
league  distant  from  Guadalupe.  Loud  cheers  rent  the 
very  air,  and  when  silence  prevailed,  the  Political  Pre 
fect  of  Mexico,  Sefior  Villar  y  Bocanegra,  remarked  : 

"  At  the  foot  of  the  prodigious  hill  of  Tepeyac,  and 
being  separated  only  by  a  wall  from  the  temple  in 
which  is  venerated  the  protector  and  mother  of  the 
Mexicans,  the  Virgin  Guadalupe — the  Political  Pre- 


126  MAXIMILIAN. 

feet  of  the  first  department  of  the  Empire,  the  Muni 
cipal  Prefect  of  the  great  Capital  of  Mexico,  its  Excel 
lency  the  Ayuntamiento,  the  Illustrious  Senor  Arch 
bishop,  and  other  authorities,  present  themselves  full 
of  grateful  pleasure,  with  their  souls  overflowing  with 
joy,  before  their  beloved  Sovereigns,  to  congratulate 
them  on  their  pleasant  arrival  at  the  gate  of  the  city  in 
which  is  erected  the  throne  which  has  been  raised  by 
the  Mexicans  for  them.  Words  fail  me  to  manifest  our 
gratitude;  because  you  have,  in  compassion  for  our 
misfortunes,  abandoned  another  throne,  riches,  country, 
parents,  brothers,  and  friends,  and  condescended  to  come 
and  try  to  make  us  happy  and  save  us  from  the  evils 
that  were  causing  us  to  disappear  from  the  catalogue  of 
nations.  Your  Majesties  only  knew  through  statements 
and  papers  the  will  of  the  people  who  applauded  you ; 
and  now,  to-day,  you  see  that  you  are  not  deceived ;  and 
that  from  the  shores  of  Vera  Cruz  to  the  gate  of  the 
Capital,  all  applaud  their  Sovereigns  with  an  unbounded 
enthusiasm.  The  Mexicans  will  so  continue  until  the 
end ;  and  I  protest,  Sire,  in  the  name  of  the  department 
within  my  charge,  that  all  of  us  will  obey  and  assist  the 
Monarchs,  whom  by  acclamation  we  have  chosen." 

Tremendous  shouts  followed  this  address.  After 
which,  His  Majesty,  with  a  great  deal  of  emotion,  an 
swered  in  the  following  words : 

"Profoundly  moved,  I  say,  by  the  universal  enthu 
siasm  which  I  have  received  in  all  the  towns  in  my 
transit,  my  emotion  and  my  gratitude  acquire  greater 
intensity  as  I  find  myself  at  the  gate  of  the  Capital,  as 
I  see  gathered  to  salute  me  its  principal  authorities,  in  a 
place  so  much  respected  and  loved  by  me  and  the  Em 
press,  and  by  all  Mexicans. 

"  I  happily  receive  your  congratulations,  and  I  salute 


MAXIMILIAN*.  127 

you  with  the  effusion  of  one  who  loves  you,  and  has 
identified  his  fate  with  yours." 

As  the  grand  procession  moved  stately  on  to  the 
place  called  the  Plain  of  Aragon,  they  halted  in  a  dou 
ble  line.  Their  Majesties  passing  through  to  a  place 
designated,  were  met  by  two  deputations,  one  of  ladies, 
the  other  of  gentlemen;  both  of  whom  saluted  the 
Sovereigns,  and  presented,  in  behalf  of  the  inhabitants 
of  the  Capital  of  the  Empire,  congratulations ;  those  to 
Maximilian  were  as  follows,  viz : 

«SIKE: 

"  The  undersigned,  natives  and  foreigners,  residents 
of  the  Capital  of  Mexico,  all  agreeing  in  their  aspirations 
for  peace  and  public  order,  without  distinction  of  political 
opinions,  and  with  the  most  profound  respect,  hasten  to 
salute  Your  Imperial  Majesty,  voluntarily  and  sincerely, 
and  also  your  august  spouse,  on  your  arrival  at  the  Capi 
tal  of  the  new-born  Empire  of  Mexico. 

"  We  well  understand  the  magnitude  of  the  arduous 
and  glorious  undertaking  which  is  imposed  on  Your 
Imperial  Majesty.  We  estimate  the  abnegation  at  its 
full  value,  also  the  faith  and  spirit  which  animate  the 
illustrious  founder  of  the  Empire ;  and  we  foresee  the 
good,  for  which  the  future  of  this  unfortunate  nation 
will  be  your  debtor. 

"  We  comply,  therefore,  with  a  sacred  duty  in  offer 
ing  before  Your  Imperial  Majesty  the  effusion  of  our 
thanks,  the  testimony  of  our  admiration,  and  the  most 
solemn  protest  to  co-operate  with  all  our  strength  for 
the  realization  of  the  noble  and  generous  mission  which, 
by  a  decree  of  high  Providence,  has  been  committed  to 
Your  Imperial  Majesty — that  of  redeeming  and  regener 
ating  a  people  destroyed  by  civil  discord. 

"May  it   please   Your  Imperial  Majesty  to   accept 


1 28  MAXIMILIAN. 

favorably  our  wishes  for  the  happiness  of  your  person, 
and  that  of  your  august  consort,  and  for  the  prosperity 
of  your  kingdom." 

The  deputation  of  ladies  offered,  in  behalf  of  the 
ladies  of  the  Capital,  to  Her  Majesty  the  Empress,  the 
following  affectionate  address  : 

"MADAM: 

"The  presence  of  Your  Imperial  Majesty  in  this 
part  of  the  New  World,  as  a  companion  of  the  mag 
nanimous  Prince  destined  by  Heaven  to  govern  it,  has 
just  realized  the  many  honors  which  are  reunited  on  the 
throne  which  is  raised  to-day  upon  the  love  of  this  peo 
ple.  Our  happiness  is  complete,  in  representing  before 
Your  Imperial  Majesty  the  families  of  the  Empire,  and 
of  being  the  organ  of  these  sentiments  of  affectionate  ad 
hesion  and  of  purified  fidelity  with  which  Your  Majesty 
is  surrounded,  in  the  midst  of  an  applause  and  of  a  re 
joicing  which  have  no  limits,  and  which  would  be  the 
best  title  (if  there  could  be  any  superior  to  your  noble 
virtues)  to  the  crown  which  encircles  your  brow,  and 
which  prepares  for  Mexico  a  worthy  name  from  the 
glorious  race  which  brought,  with  Christianity,  to  these 
distant  regions,  culture  and  civilization. 

"Policy,  Madam,  will  speak  under  a  thousand  differ 
ent  forms  of  the  prosperous  exchange  which  it  realizes, 
and  which  excites  such  a  lively  and  deep  interest  in 
Europe  and  America.  It  only  belongs  to  us  to  contem 
plate  your  eminent  qualities,  with  which  divine  Provi 
dence  has  endowed  you,  without  doubt,  with  the  design 
that  there  may  shine  in  them  all  that  is  elevated  in  the 
majesty  of  the  throne,  all  that  is  tender  in  the  heart  of 
princes,  and  all  that  is  exemplary  and  modest  in  the 
bosom  of  private  life.  With  Your  Majesty  and  your 
august  husband,  who  are  the  objects  of  public  admira- 


MAXIMILIAN,  129 

tion,  and  the  delight  of  this  vast  Empire,  commences 
the  dynasty  which  takes  the  name  of  your  new  country. 
It  will  be  able  to  figure  by  the  side  of  the  country  of 
Charles  V.  and  Mary  Theresa ;  by  that  of  Louis  Philippe 
and  Xapoleon  III.,  and  by  that  of  the  respected  and  be 
loved  Sovereign  the  father  of  Your  Imperial  Majesty. 

"  We,  Madam,  shall  never  cease  blessing  you  for  the 
services  you  render  Religion,  the  fountain  of  the  great 
ness  of  Mexico,  and  of  that  generous  character  which  is 
ennobled  to-day  by  a  model  and  by  an  example  which 
cannot  be  less  than  admired.  Your  Imperial  Majesty 
being  a  worthy  heir  of  two  great  queens,  your  grand 
mother  and  your  mother,  religion  can  suifer  nothing 
Before  your  throne.  And  when  Heaven,  with  a  singular 
clemency,  sent  us  a  pledge  of  peace  and  union  which 
may  cause  us  to  forget  what  has  divided  Mexicans,  we 
cannot  deceive  ourselves  by  assuring  Your  Majesty  that 
those  wishes  and  that  hope  are  going  to  be  realized. 

"  Permit  us,  then,  Your  Majesty,  to  present  you  the 
profound  homage  of  our  respect  and  of  our  obedience, 
and  the  warm  gratitude  with  which  the  families  of  the 
Capital  are  possessed,  and  who  bless  your  name,  and  who 
will  never  cease  asking  Divine  Providence  for  the  happi 
ness  of  the  kingdom,  and  of  your  august  husband,  to 
whom  He  so  visibly  dispenses  His  bountiful  protection. 
Your  genius  and  your  piety  will  assure  your  new  coun 
try  a  worthy  name  in  the  world,  and  a  prolonged  peace." 

The  quarters  reserved  for  Their  Majesties  were  the 
Collegiate  church.  The  Archbishop  escorted  them  into 
it,  and  said  to  the  Emperor,  "  This  is  the  house  provided 
for  Your  Majesty."  He  replied,  "It  is  magnificent." 

The  Sovereigns  remained  over-night;  and  on  that 
day  and  the  following  they  received  many  people  in 
their  apartments. 

The  next  day,  Sunday,  the  12th  of  June,  after  Mass 
6* 


130  MAXIMILIAN. 

was  said,  Their  Majesties  entered  the  cars  for  the  Capi 
tal.  Arriving  at  the  station  in  the  city,  they  were  sur 
rounded  by  an  immense  throng,  waiting  to  escort  them 
to  the  cathedral  and  palace.  Banners,  flags,  and  flaunt 
ing  streamers  of  all  kinds  were  to  be  seen  on  every 
side.  Triumphal  arches  festooned  with  orange-blossoms 
scented  the  balmy  air ;  ribbons  and  roses,  all  tinselled, 
twisted,  and  curled,  covered  the  earth,  and  were  woven 
in  wreaths  at  every  window ;  portraits  of  the  Sovereigns 
were  smiling  at  you  in  every  street ;  ladies  were  gayly 
attired,  as  for  their  wedding-day;  polished  carriages 
mirrored  the  passing  objects ;  mounted  men  with  their 
silver-corded  broad-brimmed  hats,  were  prancing  their 
gallant  steeds  all  mantled  with  saddles,  bridles,  and 
housings  woven  with  silver  and  gold ;  uniformed  sol 
diers  all  laced  for  review,  with  glittering  lances  and  gold- 
burnished  armory ; — all,  all,  glittered  like  a  bed  of  dia 
monds.  And  while  all  these  were  gleaming  in  the  eye, 
artillerymen  and  musicians  were  tingling  the  ear  with 
their  variations,  from  the  mellow  breath  of  the  flute  and 
horn  to  the  thunder-notes  of  the  deep-toned  cannon, 
mingled  with  shouts,  the  neigh  of  horses,  and  the  chim 
ing  of  bells ;  until  it  appeared  as  though  the  world  was 
turned  into  a  gorgeous  show,  where  audience  and  actors 
were  promiscuously  mingled. 

When  Their  Majesties,  with  their  grand  cortege,  ar 
rived  at  the  stopping-place  called  Parador  de  la  Con 
ception,  they  halted,  and  received  from  the  hands  of  the 
Municipal  Prefect,  D.  Miguel  Maria  Azcarate,  the  keys 
of  the  city ;  at  the  delivery  of  which,  the  Prefect,  in  a 
short  address,  welcomed  the  new  rulers  in  a  most  cor 
dial  manner.  The  Emperor,  with  a  good  deal  of  feel 
ing,  responded,  as  though  he  believed  that  the  reverence 
paid  him  came  from  the  depths  of  the  Mexican  heart. 

The  keys  that  were  delivered  to  Plis  Majesty  were  of 
gold,  beautifully  enamelled  in  places,  and  richly  wrought 


MAXIMILIAN.  131 

by  a  Mexican  artist.  One  had  on  its  head  an  eagle  ;  the 
other  possessed  the  imperial  diadem;  and  both  were 
placed  on  a  silver  waiter  of  exquisite  filigree-work. 

The  Sovereigns  then  entered  their  carriage  again,  and 
proceeded  through  the  city,  followed  by  the  splendid 
procession,  until  they  reached  the  ancient,  the  costly, 
and  far-famed  cathedral  of  the  city  of  Mexico,  adorned 
with  massive  silver  and  gold.  Halting  in  front  of  that 
venerated  temple,  the  imperial  pair  stepped  down  from 
their  vehicle,  and  were  received  by  the  Archbishop,  un 
der  a  pall,  a  richly  emblazoned  canopy  of  metallic  lustre, 
and  entered  the  holy  sanctuary.  The  main  door  of  that 
immense,  massive  structure  was  decorated  with  an  arch 
woven  with  red,  white,  and  yellow  flowers,  surmounted 
with  the  imperial  crown  of  the  same  material,  made  by 
the  Indians  of  Xochimilco,  and  in  which  was  interlaced 
this  inscription,  "  Xochimilco  to  His  Imperial  Majesty 
Maximilian  I."  The  arch  was  surmounted  with  a  cir 
cular  inscription,  traced  with  flowers,  as  follows:  "  llth 
of  June,  1864."  At  each  door  of  the  cathedral  was  an 
oil  portrait  of  the  Emperor.  The  interior  was  illumi 
nated  and  decorated  gorgeously.  Velvet  tapestry  of 
bright  cochineal  hue,  elegantly  fringed  with  balls  of 
gold  pendent  therefrom ;  streamers  hanging  from  the 
arched  dome,  with  trophies  of  national  ensigns  mingled 
therewith  ;  Mexican,  French,  Austrian,  and  Belgian  ban 
ners  representing  the  friendly  powers  :  and  with  all  this 
magnificence,  the  mantle  of  solemnity  was  worn  by  all, 
in  reverence  for  the  place  and  occasion. 

Their  Majesties  occupied  the  throne  prepared  for  them. 
His  Majesty  was  dressed  in  the  uniform  of  a  Mexican 
General,  bearing  upon  his  breast  the  insignia  of  Grand 
Master  of  the  Order  of  Guadalupe.  The  Empress  wore 
a  blue-and- white  silk  dress,  a  blue  scarf,  and  a  hat  adorn 
ed  only  with  beautiful  flowers,  as  fresh  as  her  own  fair 
cheek. 


1-2  MAXIMILIAN. 

As  the  imperial  pair  took  their  position,  the  grand  Te 
Deum  commenced,  intoned  by  the  Most  Reverend  Seiior 
Labastida,  accompanied  by  the  accomplished  orchestra. 

At  the  end  of  this  solemn  ceremony,  Their  Majesties, 
escorted  by  the  Archbishop,  Bishops,  and  clergy,  pro 
ceeded  on  foot  to  the  palace,  over  carpeted  ground,  be 
neath  an  elegant  canopy,  a  distance  of  about  six  hundred 
feet.  Having  arrived  in  the  palace,  preparations  were 
soon  made  to  receive  the  officers  of  State  and  other  dis 
tinguished  persons. 

The  master  of  ceremonies,  according  to  the  rules  of 
etiquette,  called  the  authorities  of  the  government  in 
order,  and  presented  them  to  Their  Majesties.  The  first 
called  were  the  acting  Secretaries  of  State  and  General 
Bazaine.  Soon  after  this,  the  Sovereigns  rested  awhile, 
and  were  ready  to  view  the  artificial  lights  at  night, 
which  are  in  Mexico,  at  times,  presented  in  a  superb 
style. 

That  night  was  illuminated  beyond  comparison ;  so 
that  it  seemed  as  if  day  had  broken  forth  by  mistake,  from 
the  disarrangement  of  the  "  orbed  continent."  Every 
thing  dazzled  in  the  dancing  lights,  from  house-tops 
down.  Jets  of  fire  whizzed  here  and  there,  like  meteors 
in  the  heavens  ;  stars  were  bursting  in  the  sky,  imitating 
the  vault  of  the  universe  ;  wheels  of  rainbow-fire  whirled 
on  their  axes  as  though  turned  by  the  wild  lightning 
spirits  that  darted  athwart  the  heavens  with  comet  speed ; 
and  one  might  well  have  fancied  that  the  great  Pyro 
technist  was  that  ancient  war-god,  Mexitli,  who  had 
been  aroused  from  his  five  centuries  of  slumber  by  the 
announcement  of  that  tumultuous  demonstration  of 
splendor,  and,  swelling  forth  a  blast  from  his  trump  of 
battle,  led  on  his  mighty  host  in  barbaric  pomp,  and 
flamed  the  heavens  with  his  fiery  elements  of  war. 

With  all  that  dazzling  blaze  ended  the  gay  pomp  of 
that  gorgeously  arrayed  procession,  that  turned  its  back 


MAXIMILIAX.  133 

upon  the  sea,  traced  the  heated  sands,  and,  through 
richly  enamelled  vegetation,  wound  up  the  rugged  steeps 
of  picturesque  grandeur.  What  a  change  !  what  a  va 
riety  they  passed  through,  as  they  left  the  murmurs  of 
the  loud-voiced  ocean  to  view  the  glassy  lakes  around 
that  fair  city,  where  centuries  ago  the  ancestors  of  Max 
imilian  laid  claim  to  its  lands  and  waters,  when  the  name 
of  Moctezuma  was  synonymous  with  the  god  of  earth. 

If  it  be  thought  that  this  description  is  painted  in  too 
glowing  colors,  and  considered  but  a  sketch  of  fancy, 
let  those  speak  who  saw  the  glittering  reality,  and  who 
will  clearly  testify  that  this  is  no  web  of  fiction. 

It  would  be  no  easy  task  to  delineate  in  true  shades 
the  splendor  and  magnificence  of  the  festivities  in  honor 
of  that  great  event,  the  re-establishment  of  the  Mexican 
Empire. 

The  smiling  faces  of  the  Mexican  people  at  that  time, 
among  high  and  low,  were  the  dial-plates  of  their  hearts. 
Thus  thought  observing  foreign  residents. 

It  seems  to  me  that  it  cannot  well  be  denied  that  such 
an  exhibition  of  magnificence  may  truly  be  considered 
as  some  evidence  of  the  real  affections  of  the  people. 
That  it  could  all  be  a  disguise  is  not  probable.  Those 
who  were  close  observers  of  all  that  show  of  pomp  and 
merriment,  are  of  opinion  that  it  was  a  mirror  which  re 
flected  the  true  sentiments  of  the  citizens  of  Mexico. 


CHAPTER   IX. 

National  palace—  Maximilian's  course  in  Mexico—  Personal  character—  Reve- 
enue  as  Emperor—  Manner  of  living—  Decrees—  Palace  of  Chapultepec— 
Residence  at  Cuernavaca—  Scenery  on  the  road. 


E  residence  of  the  Emperor  in  the  city  of  Mexico 
JL  was  the  National  Palace. 

On  the  north  side  of  the  great  square,  or  Plaza  Mayor, 
stands  the  far-famed  temple,  the  Cathedral.  It  has  an 
exquisitely-wrought  and  costly  fayade,  but  its  exterior 
is  so  dimmed  by  time  that  it  carries  your  mind  far  back 
into  the  past.  It  reckons  its  age  by  centuries.  As  you 
turn  your  eyes  from  it,  toward  the  rising  east,  you  ob 
serve  a  long,  very  long  and  massive  pile  of  stone  and 
mortar,  that  stretches  across  the  entire  eastern  side  of 
that  square,  a  distance  of  two  hundred  and  forty-six 
varas,  or  Spanish  yards.  That  is  the  National  Palace. 
It  has  no  architectural  beauty,  no  polish  of  surface,  but 
you  are  struck  at  the  sight  of  its  length  with  a  little 
surprise,  and  you  look  again  to  see  if  you  are  not  mis 
taken  as  to  its  being  one  building  ;  then  immensity  is 
the  word  that  your  thoughts  suggest. 

The  same  ground  supported  the  lordly  palace  of 
Moctezuma.  This  ancient  city,  called  by  the  Aztecs 
Tenuchtitlan,  was  taken  by  the  conquering  soldiers  of 
Cortez,  August  13th,  1521,  and  then  nearly  destroyed. 
The  Spaniards  began  its  reconstruction  in  1524.  Then 
was  laid  a  part  of  its  present  foundation.  If  the  records 
be  not  incorrect,  that  palace  belonged  to  the  family  of 
Cortez  until  1562,  when  it  was  purchased  by  the  king 
of  Spain  for  the  viceroy,  for  the  Bum  of  thirty-three 
thousand  three  hundred  dollars.  The  royal  officers  took 


MAXIMILIAN.  135 

possession  August  19th  of  the  same  year.  The  capacity 
of  the  building  was,  after  many  years'  service,  found  in 
adequate  for  the  purposes  of  governmental  affairs,  and, 
in  1693,  it  was  rebuilt,  at  an  expense  of  nearly  a  million 
of  dollars. 

Tradition  has  handed  down  a  decree,  written  in  the 
Book  of  Fate,  which  reads  that  no  man  can  occupy  that 
palace  as  a  ruler  over  Mexico  without  coming  to  an  un 
natural  death,  or  meeting  with  some  sad  misfortune, — 
that  such  a  Sovereign  should  stoop  from  his  pride  of 
place,  and  answer  to  the  call  of  the  executioner,  or  mis 
fortune's  beck  !  As 'we  look  over  the  long  list  of  chiefs, 
we  see  with  what  unerring  judgment  Fate  has  followed 
them.  Arista  among  the  dead,  Juarez  among  the  living, 
are  the  exceptions. 

The  palace  covers  a  block  of  ground,  and  is  square. 
The  two  front  corners  have  each  a  tower.  The  floors 
are  made  of  brick,  with  the  exception  of  a  few,  which 
are  wooden.  It  has  three  stories.  There  appears  to  be 
three  general  divisions.  The  southern  part  was  occupied 
by  the  Emperor  and  Empress ;  the  centre  by  officers  of 
State ;  and  the  northern  by  soldiers  and  prisoners. 
The  eastern  half  also  was  occupied  by  soldiers.  There 
are  three  entrances  into  the  fa9ade.  The  centre  one 
leads  you  into  a  court  which  is  about  one  hundred  and 
fifty  feet  square,  surrounded  by  two  corridors,  one  above 
the  other,  both  of  which  are  supported  by  ten  arched 
stone  columns  on  each  side. 

On  the  north  side  of  this  court  is  the  apartment  now 
occupied  by  the  President,  and  formerly,  under  the  Em 
pire,  by  the  Princess  Iturbide.  The  southern  entrance 
opens  into  a  court  about  seventy-five  feet  by  sixty,  also 
surrounded  by  corridors.  The  northern  door  conducts 
into  another  court,  without  any  corridor.  There  are 
several  other  courts  in  the  eastern  half,  for  the  purposes 
of  light,  air,  and  convenience  of  communication. 


136  .          MAXIMILIAN. 

The  lower  story  was  occupied  by  servants,  and  as 
store  and  carriage  houses.  The  second  story,  with  lower 
ceiling,  was  for  offices. 

The  great  reception-room,  sometimes  called  the  Itur- 
bide  Saloon,  is  in  the  front  of  the  third  story  of  the 
southern  half  of  the  palace,  being  about  two  hundred 
and  fifty  by  thirty-six  feet  in  dimensions.  This  is  not 
a  remarkably  fine  or  costly  room.  The  ceiling  exhibits 
the  cross-timbers,  polished  and  varnished,  with  gilt 
edges.  It  has  about  a  dozen  candelabras  pendent, 
and  several  supported  by  stands  of  large  Chinese  vases. 
The  floor  is  of  dark  wood,  neatly  laid.  This  saloon 
contains  many  fine  oil  portraits  —  among  which  are 
those  of  General  Washington,  Emperor  Iturbide,  Presi 
dent  Arista,  Generals  Guerro,  Matamoras,  and  Mina; 
Curates  Hidalgo  and  Morelas.  That  of  the  Emperor 
Maximilian  has  been  taken  down,  leaving  the  frame 
in  its  position.  They  are  all  life-size,  and  in  large  gilt 
frames. 

Adjoining,  and  running  parallel  on  the  east,  is  the 
Lion  Saloon,  so  called  because  two  marble  lions  lie  as 
sentinels  therein,  which  room  is  about  sixty  by  twenty 
feet.  It  is  adorned  with  portraits  of  Ferdinand  and 
Isabella,  in  one  frame  ;  also  those  of  Charles  Y.  and  his 
mother,  likewise  within  one  frame.  These  are  ancient 
paintings.  Passing  out  of  the  south  end  of  the  recep 
tion-room  into  a  small  room,  then  turn  facing  the  east, 
you  enter  the  audience-room,  which  is  at  a  right  angle 
with  the  reception-room,  and  is  nearly  forty  by  twenty 
feet  in  extent,  having  an  oaken  floor,  neatly  made  like 
inlaid  work.  The  walls  are  covered  with  crimson  silk 
damask,  in  which  there  are  woven  at  regular  intervals 
the  Mexican  coat  of  arms,  also  the  words,  "  Equidad  en 
Justia"  (Equity  in  Justice).  An  adjacent  room,  with 
like  walls,  and  cedar  floor,  one  hundred  by  twenty  feet, 
is  the  picture-gallery,  now  unadorned  by  paintings. 


MAXIMILIAN.  137 

The  chapel  is  the  room  formerly  used  by  the  Senate, 
under  the  old  Constitution,  prior  to  1857,  when  the  legis 
lative  body  had  a  Senate.  It  is  seventy-five  feet  by 
twenty-five,  with  plastered  walls,  covered  with  silk  for 
a  space  of  twenty  feet  in  length  by  fifteen  in  height  on 
each  side  near  the  altar.  The  ceiling  has  a  blue  ground, 
spangled  with  stars.  On  each  side  of  the  aisle  there  is 
a  row  of  nine  pews,  each  capable  of  holding  six  persons. 
On  the  left,  near  the  altar,  were  two  seats  for  Their  Ma 
jesties.  The  room  is  lighted  by  six  semicircular  win 
dows  near  the  ceiling.  The  altar  was  quite  plain, 
having  a  cross  with  the  Saviour,  gilded,  and  six  large 
candlesticks.  There  is  also  a  gallery  over  the  entrance. 

Attached  to  the  palace,  and  within  the  outer  walls  of 
the  exterior,  is  a  small  garden,  with  not  a  large  variety 
of  flowers ;  but  among  them  is  one  borne  by  a  tree  some 
twenty-feet  high,  which  flower  is  in  the  shape  of  a  bird's 
claw,  flesh-color,  called  manito  (small-hand),  and  blos 
soms  in  February.  This  is  a  rare  tree,  and  it  has  been 
said  to  be  the  only  one  in  Mexico.  A  fountain  throws 
up  its  jets  of  water,  that  sparkle  in  the  sun,  and  reflect 
.prismatic  hues.  A  small  theatre  was  built  therein  for 
imperial  recreation.  Such  is  a  partially  delineated  pic 
ture  of  that  mansion  where  monarchs  and  presidents 
have  held  their  courtly  revels,  nearly  all  of  whom  now 
dwell  in  mansions  not  coveted  by  man.  Maximilian 
once  observed  that  he  always  felt  in  that  palace  like  a 
solitary  nun  in  a  convent. 

As  Maximilian  became  seated  on  his  throne,  and  sur 
veyed  his  new  country,  its  people,  their  habits  and  cus 
toms,  the  condition  of  the  exchequer,  the  friendly  and 
inimical  surrounding  powers,  it  was  quite  apparent  that 
there  was  a  great  scope  for  the  exercise  of  administra 
tive  talent,  as  well  as  military. 

It  is  true  it  was  hoped  that  the  contending  struggle 
,of  the  bordering  Republic  would  so  long  continue  that 


IBS  MAXIMILIAN. 

sufficient  attention  could  not  be  given  from  that  source 
to  the  new  Empire,  to  endanger  its  permanency.  And 
thus  with  the  French  elements — their  bone  and  sinew, 
their  munitions  of  war,  for  a  few  years,  would  give  His 
Majesty  time  to  have  built  a  living  wall  out  of  the  na 
tive  material,  that  would  be  able  to  resist  the  disturbing 
factions  within,  which  were  mainly  to  be  feared  rather 
than  any  exterior  attack.  There  was  a  contest  against 
a  great  political  principle,  which  is  more  hazardous  than 
a  mere  struggle  against  man — Imperialism  against  Re 
publicanism. 

The  great  and  continued  enthusiasm  which  had  been 
heaped  upon  him  and  the  Empress,  from  the  very  mo 
ment  they  touched  the  shores  of  the  Empire  till  they 
reached  its  capital,  had  brought  the  conviction  to  his 
mind  that  he  was  looked  upon  as  their  benefactor,  and 
that  the  number  of  dissidents  was  far  below  the  majority 
of  the  people.     And  yet  he  was  not  unmindful  that,  in* 
an  empire  of  such  vast  territorial  extent,  and  in  many 
parts  so  sparsely  settled,  diversified  by  mountain  bar 
riers,  ready  access  to  many  important  places,  with  ade-* 
quate  forces  either  defensive  or  offensive,  was  quite  diffi> 
cult.     He  saw  the  necessity,  as  it  was  plainly  obvious,  i 
of  having  sufficient  forces  to  keep  down  the  spirit  of* 
civil  discord  fomented  by  the  few  malcontents.  \  He  was 
not  ignorant  of  the  fact  that  Mexico  had  always  had  at 
least  two  parties  antagonistical  to  each  other ;  and  as  it  i 
had  thus  been  under  a  Republican  form  of  government, 
the  continuation   of  a  disaffected  party  was   in   some 
degree  to   be   expected ;   while,  at   the   same  time,  it 
was  by  no  means  even  prima-facie  evidence  that  the 
latter  was  composed  of  anything  near  a  majority  of  the 
citizens. 

The  Juarez  party  had  fallen  back  from  the  heart  of 
the  country,  until  those  that  composed  it  found  them 
selves  away  to  the  north,  few  in  number,  and  without 


MAXIMILIAN.  139 

funds,  while  but  a  small  part  of  the  national  territory 
acknowledged  its  sway. 

The  actual  jurisdiction  and  possession  of  the  Imperial 
forces  had  extended,  like  the  rippling  waves  of  the  still 
waters  from  the  drop  of  a  pebble,  until  it  embraced 
nearly  all  of  the  Mexican  territory. 

Whatever  views  the  world,  generally,  may  entertain 
as  to  the  justness  and  correctness  of  the  Emperor's  con 
clusion  in  regard  to  the  loyalty  of  the  Mexicans,  he  was 
not  alone  in  his  judgment  upon  that  point.  There  were 
but  few  foreign  residents,  if  any,  who  had  endeavored 
to  observe  affairs  impartially,  that  did  not  coincide  in 
that  conclusion. 

His  Majesty  began,  immediately  after  his  arrival,  to  \ 
busy  himself  in  earnest  with  governmental  operations.  I 
Many  offices  that  were  absolutely  requisite  for  the  just 
administration  of  affairs  had  been  created  and  filled  be 
fore  his  departure  from  Europe. 

As  he  arrived  on  Sunday,  the  twelfth  of  June,  at  the 
Capital,  one  day  was  deemed  necessary  for  rest  and  per 
sonal  convenience.  On  the  fourteenth  he  commenced 
business.  Attention  was  forthwith  given  to  the  public 
debt,  the  repletion  of  the  exchequer,  the  establishment 
of  the  national  flag,  the  commissioning  of  the  requisite 
officers,  the  appointing  of  ministers  as  representatives 
abroad,  and  of  consuls,  and  the  formation  of  courts  of 
justice ;  all  of  which  was  illustrative  of  energy  and 
ability. 

It  was  a  great  principle  with  him,  that  all  should  be 
equal  before  the  law  ;  also,  that  whoever  had  cause  of 
complaint  should  have  a  proper  hearing,  and  before  him 
in  person,  if  they  desired.  In  order  that  an  opportunity 
should  be  given  to  address  him  personally,  he  decreed, 
in  the  latter  part  of  June,  1864,  that  he  would  give  a 
public  audience  at  the  National  Palace  at  one  o'clock  on 
every  Sunday,  commencing  on  the  first  Sunday  in  the 


140  MAXIMILIAN. 

following  July.  Forty-eight  hours'  notice  was  required ; 
also  the  registry  of  the  name  of  the  applicants  in  chro 
nological  order,  not  according  to  rank.  Neither  color  nor 
poverty  was  a  barrier  to  an  interview  with  the  Emperor, 
when  any  complaint  was  to  be  made  or  favor  to  be  so 
licited. 

On  the  6th  day  of  July,  1864,  he  issued  a  general  am 
nesty  to  all  political  prisoners,  which  included  those  who 
had  been  sentenced. 

The  existing  laws  were  speedily  examined,  in  order 
that  a  just  knowledge  of  the  legislative  wants  of  the 
people  should  be  obtained.  As  rapidly  as  possible  de 
crees  were  issued  for  the  purpose  of  advancing  immigra 
tion,  education,  commerce,  mining  and  agricultural  pur 
suits.  Every  stimulus  was  given  to  the  business  of  de 
veloping  the  country,  and  increasing  the  modes  of  trav 
elling  and  transportation,  that  could  be,  under  the  exist 
ing  condition  of  affairs.  Telegraphic  and  railroad  en 
terprises  were  encouraged  as  much  as  possible. 

The  officials  of  the  government  were  stimulated  to 
the  performance  of  their  respective  functions  by  medals 
of  the  different  orders  of  merit,  as  His  Majesty  deemed 
them  worthy. 

The  deportment  of  His  Majesty  toward  all  the  offi 
cers  in  the  various  departments  of  government,  from  the 
highest  to  the  lowest,  was  most  affable  and  kind.  He 
never  exhibited  the  slightest  haughtiness.  Every  act 
of  the  Emperor  was  as  void  of  aristocratical  rigor  as 
the  proceedings  of  any  former  sovereign  who  bore  the 
name  of  "  President."  It  was  difficult  for  the  greater 
mass  of  the  Mexicans  to  distinguish  any  very  remarkable 
difference  between  the  forms  of  the  government  under 
the  Empire  from  those  of  the  Republic.  The  main 
distinction  rested  in  the  greater  activity  of  all.  classes 
of  business  under  the  former,  while  in  fact  it  sa 
vored  quite  as  much  of  democracy.  Under  the  Re- 


141 

public,  the  President  issued  decrees ;  under  the  Empire, 
the  Emperor  did  likewise.  The  latter  established  laws 
equally  liberal  in  every  respect  as  the  former ;  and  his 
courts  of  justice  were  composed  of  the  best  class  of  men, 
the  most  learned  in  the  science  of  jurisprudence.  One 
of  the  Emperor's  great  leading  maxims  was  justice. 
His  motto,  that  met  the  eye  in  every  public  place,  was, 
"  Equity  in  Justice." 

Sin,  plated  with  gold,  was  no  impenetrable  armor  to 
the  sword  of  justice;  and  poverty  clothed  in  rags  re 
ceived  no  greater  infliction  from  the  same  weapon.  There 
was  a  broad  equality,  which,  if  it  had  received  the  ap 
pellation  of  "  republican,"  could  hardly  have  appeared 
less  oppressive  to  the  mind  or  purse. 

The  great  business  community  were  of  opinion  that 
the  nature  of  the  institutions  of  the  Empire  were  highly 
favorable  to  the  advancement  of  commerce  and  the 
general  interests  of  the  country.  The  lower  class  per 
ceived  no  objection  to  the  reign  of  His  Majesty,  but 
were  rather  pleased  with  it.  The  Indians  have  been 
frequently  observed  drawing  a  piece  of  money  from  their 
pockets  which  had  the  form  of  His  Majesty's  head  upon 
it,  pointing  to  it,  and  saying,  "  That  is  the  man  who  pro 
tects  us."  It  is  some  proof,  at  least,  that  that  class  of 
the  community  were  not  impressed  with  the  belief  that 
oppression  was  allotted  to  them. 

The  Emperor  and  Empress  both  paid  a  great  deal  of 
attention  to  the  education  and  support  of  the  poor. 
Hospitals  were  established,  visited,  and  cared  for,  by 
those  sovereigns,  as  much  as  time  would  permit. 

No  ruler  of  the  nation  had  a  greater  desire  to  devel 
op  the  resources  of  the  country,  to  advance  its  general 
prosperity,  and  to  educate  the  people.  Although  a 
monarch,  he  did  not  believe  that  his  empire  would  be 
better  supported  by  the  columns  of  ignorance.  He  was 
enthusiastically  in  favor  of  popular  instruction.  Solid, 


142  MAXIMILIAN. 

stable,  as  well  as  decorative  knowledge,  he  thought 
should  be  widely  diffused.  He  was  equally  enthusiastic 
in  opposition  to  bigotry  and  intolerance.  To  have  a 
few  brilliant  intellectual  lights  illuminating  the  general 
darkness,  was  for  him  insufficient ;  he  wished  every 
human  being  within  his  Empire  to  be  a  light  of  knowl 
edge,  whose  brilliancy  should  be  increased  by  the  oil  of 
perseverance  and  time.  He  was  emphatically  the  friend 
of  mankind.  Probably  no  prince  in  Europe  was  more, 
democratic  in  all  his  views  than  he. 

His  show  of  sympathy  towards  men  was  real ;  for  he 
had  in  that  no  vanity,  no  pride,  to  be  satisfied  with  the 
buzz  of  admiration.  It  was  that  satisfaction  only  which 
his  conscience  receiAred  from  the  performance  of  duty. 
He  believed  in  his  heart  that  it  was  his  religious  duty 
to  enlighten  his  people.  He  viewed  with  admiration  all 
moral  advancement.  He  was  a  monarch  by  title — a  re 
publican  in  his  actions. 

""One  day,  while  in  the  city  of  Morel ia,  in  the  State 
of  Michoacan,  an  ordinary  Mexican  cried  out,  "  Viva 
the  President  of  the  Empire !"  His  Majesty  smiled,  and 
said  that  he  would  not  object  to  the  adoption  of  that 
title,  but  that  the  people  in  Europe  might  criticize  it. 

The  revenue  of  His  Majesty  was  at  first  fixed  at  one 
and  a  half  million  of  dollars  per  annum,  by  the  Regency. 
After  the  first  year,  it  was  reduced  to  one  half  of  a  mil 
lion,  at  his  suggestion.  The  first  amount  was  the  same 
as  that  allowed  the  first  Emperor,  Iturbide,  by  the  Mexi 
can  Congress,  December  28th,  1822.  Although  His 
Majesty  drew  a  large  amount  of  his  revenue,  yet  he 
personally  received  no  particular  benefit  therefrom,  ex 
cept  a  comfortable  living.  He  was  not  extravagant; 
and  the  money  unappropriated  for  his  household  affairs 
went  to  the  poor.  The  greater  part  of  his  revenue  was 
spent  for  charitable  purposes,  and  the  payment  of  the 
officers  on  the  Civil  List.  All  of  it  circulated  in  the 


MAXIMILIAN.  143 

country.    So  that  its  expenditure  benefited  the  mechanic, 
the  merchant,  and  especially  the  poor. 

Thus  it  would  appear,  at  first  blush,  that  the  sovereign 
head  of  the  nation  was  oppressive  in  his  financial  de 
mands  upon  a  considerably  exhausted  exchequer,  yet, 
after  all,  he  was  exceedingly  frugal  in  fact. 

The  Emperor  lived  plainly.  Nor  could  the  articles  of 
his  household  furniture  be  considered  of  too  costly  a 
character  for  a  sovereign.  He  well  knew  that  the 
greatness  of  a  ruler  was  not  measured  by  the  value  of 
the  silver,  gold,  and  brilliancies  in  his  mansion ;  nor  by 
the  glitter  of  richly  decorated  equipage,  with  its  long 
train  of  tinselled  escort.  It  is  true,  that  among  his  three 
elegant  carriages  there  was  one  beyond  the  ordinary 
value  and  richness  of  vehicles  which  are  made  even  for 
the  conveyance  of  imperial  sovereigns.  But  he  obtained 
it  by  no  expenditure  from  his  own  purse,  nor  the  treas 
ury  of  Mexico.  It  was  presented  to  him  by  the  citizens 
of  the  city  of  Milan,  as  a  token  of  affection  and  esteem. 
One  cannot  view  a  gift  of  such  artistic  skill  and  of  so 
much  value,  without  being  reminded  of  the  fact,  that 
Maximilian  could  notjia^e-been  considered  a8  a  tyran 
nical  Governor  over  the  province  of  Lombard- Venice. 

The  exterior  of  that  superb  carriage  is  nearly  all  richly 
gilded— particularly  the  iron-work.  The  small  part  of 
the  wood-work  not  gilded,  is  bright  crimson.  The  ex 
terior  of  the  body  is  veneered  with  tortoise-shell.  One 
large  shell  covers  the  door,  on  which  is  beautifully  por 
trayed  the  Mexican  coat  of  arms.  The  handles,  hinges, 
buckles  on  the  straps,  the  caps  and  rims  of  the  hubs,  a 
fabled  griffin  on  the  top  at  each  corner,  and  the  coat  of 
arms  surmounting  the  carriage  on  every  side,  are  of  solid 
silver.  The  top  is  about  nine  feet  from  the  ground, 
curving  outward  a  little,  bell-shaped,  and  a  foot  wider 
than  the  centre.  On  each  exterior  corner  is  an  angel 
some  eighteen  inches  long,  richly  gilded  all  over. 


144  MAXIMILIAN. 

The  interior  is  of  richly  figured  light-colored  damask 
silk.  It  cost  twenty-four  thousand  florins ;  which  is  less 
than  twelve  thousand  dollars.  It  has  been  used  but  five 
times,  twice  in  Milan,  and  three  times  in  Mexico, — in 
the  latter  country,  on  the  sixteenth  day  of  September, 
1864  and  1865,  the  anniversary  of  the  Independence  of 
Mexico,  and  on  the  sixth  of  July,  1865,  the  anniversary 
of  Maximilian's  birthday.  It  is  now  locked  up  in  the 
carriage-house  of  the  National  Palace.  It  would  sug 
gest  itself  to  refined  minds  of  honor,  that,  inasmuch  as 
it  was  a  present  from  the  people  of  Milan,  the  magna 
nimity  of  the  conquerors  ought  to  be  great  enough  to 
cause  it  to  be  returned  to  the  family  of  Maximilian. 

The  Emperor  had  forty  mules,  thirty  of  which  were 
white ;  and  six  of  the  latter  were  usually  driven  in  the 
carriage  in  which  he  rode.  He  also  had  sixty  horses ; 
several  of  which  were  expressly  to  be  used  under  the 
saddle. 

He  was  anxious  to  bring  about  harmony  with  the  dis 
sidents  on  the  mildest  terms.  On  the  27th  of  July, 
1864,  he  issued  a  decree  to  the  effect  that  those  who  felt 
disposed  to  lay  down  their  arms,  could  do  so,  and  return 
to  private  life,  without  being  questioned  as  to  their  po 
litical  views. 

August  7th,  1864,  he  decreed  that  every  one  might 
freely  express  his  opinion  upon  all  official  acts,  with  a 
view  of  showing  their  error  and  ill  consequences. 

Highway  robbery  became  so  frequent,  that  the  Em 
peror  issued  a  circular,  September  16th,  1864,  in  which 
it  was  ordered  that  those  charged  with  the  crime  of  rob 
bery  should  be  tried  before  the  French  Court-martial. 
Many  of  those  who  were  tried  and  executed  for  that 
crime  have  been  considered  by  the  Liberals  as  political 
prisoners,  and  the  charge  of  cruelty  therefor  has  been 
made  against  the  Emperor. 

Soon  after  the  machinery  of  government  under  Maxi- 


MAXIMILIAN.  145 

inilian  was  in  good  running  order,  he  sought  for  a  rural 
spot  in  which  to  repose — some  place  outside  of  the  hum 
of  the  city  walls,  where  he  might  survey  Nature's  beauty, 
reflect  in  silence  upon  the  vastness  and  richness  of  his 
adopted  home,  and  meditate  upon  the  contemplated 
splendor  that  was  to  surround  his  new  empire.  And 
what  could  suggest  loftier  ideas  than  the  sight  of  that 
bold,  grand,  and  sublime  mountain-pile,  Popocatepetl, 
with  its  hoary  head  bathed  in  the  summer  cloud,  while 
nearer  and  all  around  Nature  was  arrayed  in  her  mantle 
of  loveliest  green,  all  studded  with  Flora's  variegated 
colors.  The  Emperor  found  all  this,  coinciding  in  taste 
with  Moctezuma,  by  selecting  the  famed  hill  of  Chapul- 
tepec  as  his  country-seat. 

A  little  south  of  west,  at  a  distance  of  two  and  a  half 
miles  from  the  city  of  Mexico,  stands  the  palace  or  castle 
of  Chapultepec,  on  elevated  ground,  nearly  two  hundred 
feet  higher  than  the  surrounding  valley,  which  on  the 
east  side  presents  a  porphyritic  base,  still  bearing  the 
prints  of  Aztec  sculpture.  The  base  of  the  hill  from 
east  to  west  is  not  far  from  fifteen  hundred  feet  in  length, 
and  from  north  to  south  about  one  thousand,  and  oval 
in  form.  The  eastern  exterior  line  of  the  grounds  is 
bounded  by  a  long  one-story  stone  house,  nearly  two 
hundred  feet  in  length,  near  the  centre  of  which  is  the 
entrance,  through  a  large  arched  portal.  Surrounding 
the  hill  for  several  hundred  yards  is  a  beautiful  grove  of 
elms,  poplar,  oak,  and  cedar.  The  latter  class  of  tree 
has  some  among  its  number  whose  mighty  trunks  in 
form  the  traveller  that  they  shaded  tUe  old  chieftain 
Moctezuma  from  the  noonday  sun,  while  he  plotted  for 
the  defence  of  his  home  against  the  advancing  hordes 
of  the  Spanish  invaders.  The  maguey,  the  narrow  leaf 
pepper-tree,  with  its  crimson  berries,  wild  shrubbery, 
mingled  here  and  there  with  some  sweet-scented  flowers, 
spread  all  over  the  steeps  of  that  enchanted  crest.  An 

7 


146  MAXIMILIAN. 

ancient  road  winds  around  its  base,  once  only  tracked 
by  Indian  foot-prints.  Now  is  seen  a  superb  macadam 
ized  road,  that  circles  around  from  the  east  toward  the 
right,  until  it  reaches  the  summit  of  the  terraced  hill  on 
the  western  side.  This  is  one  of  the  wise  improvements 
of  Maximilian.  The  building  that  faces  the  city  is  one 
hundred  and  twenty-five  feet  long,  with  two  verandas, 
one  above  the  other,  supported  by  seven  columns  of  the 
Doric  order,  between  which  is  an  iron  balustrade  three 
and  a  half  feet  high,  richly  gilded.  From  these  veran 
das  the  view  is  perfectly  enchanting.  The  great  city  in 
front,  its  cathedral,  with  its  twin  towers,  catches  the 
eye,  as  the  great  guiding  object ;  the  serrated  moun 
tains  circled  in  the  distance,  the  green  lawns  all  around, 
studded  with  beautiful  shade-trees,  and  variegated  with 

O 

the  mosaic  work  of  Art  and  Nature  combined  in  its  culti 
vated  fields,  present  one  of  the  most  charming  views 
to  be  witnessed  anywhere.  It  causes  the  traveller 
to  exclaim,  "Who  would  not  live  in  the  valley  of 
Mexico  ?" 

The  width  of  the  front  building  is  twenty-five  feet. 
It  has  six  rooms  in  the  upper  story,  which  was  occupied 
by  Their  Majesties.  There  is  nothing  fine  in  the  con 
struction  of  this  palace,  nor  did  it  contain  costly  furni 
ture.  The  southern  end  has  annexed  thereto  a  tower 
ten  feet  in  diameter,  and  about  forty  in  height.  The 
west  side  has  also  a  veranda.  The  north  end  has  a  wing 
running  west  about  twenty-five  feet.  About  fifty  feet 
in  the  rear  of  the  centre  of  this  building  is  another  one, 
running  west  over  two  hundred  feet,  at  a  right  angle 
with  the  former;  on  the  east  end  of  which  is  another 
tower  thirty  feet  in  diameter,  and  fifty  high,  having 
writhin  it  a  spiral  stairway,  and  surmounted  by  a  gilded 
iron  railing.  In  the  latter  building  is  a  new  dining-room 
one  hundred  feet  long  and  twenty-five  wide.  It  has  five 
windows  on  each  side,  between  which  are  two  fluted 


MAXIMILIAN.  147 

Corinthian  pilasters ;  and  the  cornice,  which  is  very  neat, 
is  adorned  with  a  gilded  crown  and  Mexican  eagle  al 
ternate.  The  floor  is  of  oak,  This  room,  as  well  as  the 
main  part  of  the  building,  is  not  completed. 

In  the  parterre  in  the  rear  of  the  front  building,  and 
running  along  on  either  side  of  the  other  structure,  are 
exquisite  groups  of  flowers,  among  which  are  the  rose, 
the  jessamine,  the  myrtle,  the  fuchsia,  the  honeysuckle, 
and  countless  others,  mingling  their  ingredients  in  the 
balmy  air,  until  intoxication  from  the  sipping  of  the 
scented  compound  lulls  the  buzz  of  the  numerous  gaudy- 
plumed  humming-birds.  In  front  of  the  large  tower  is 
Ji  fountain,  throwing  up  its  glittering  spray,  while  the 
surrounding  bronze  statues  are  apparently  silently  list 
ening  to  the  music  of  its  pattering  drops.  This  was  a 
favorite  spot  for  Moctezuma,  as  it  was  for  others  who 
came  before  him  in  the  same  ancestral  line. 

"While  Maximilian  was  charmed  with  the  interesting 
grounds  of  Chapultepec,  he  occasionally  desired  to  wan 
der  where  the  sunbeams  of  the  warmer  clime  of  the 
lowlands  bathed  the  tropical  fruits;  and  where,  in  order 
to  reach  the  spot,  he  would  have  to  journey  through 
wild  mountain-scenery,  receiving  the  pleasures  of  the 
ride,  while  he  drank  in  the  odors  of  the  forest  foliage, 
and  photographed  on  memory's  leaf  the  surrounding 
grandeur. 

Cuernavaca,  fifty  miles  south  of  the  capital,  was  the 
attractive  garden  of  the  tierras  calientes.  Here  he  was 
surrounded  by  wild  and  cultivated  flowers,  aromatic 
shrubs,  intermingled  here  and  there  with  some  stately 
and  gracefully-bending  tree,  that  cast  a  pleasant  cooling 
t shade  beneath  the  burning  sun. 

^  It  was  a  retreat  particularly  interesting  and  romantic 
to  the  Emperor  and  to  the  Empress,  who  not  unfre- 
quently  accompanied  him  there.  His  Majesty  visited 
that  valley  quite  often,  remaining  there  from  three  to 


143  MAXIMILIAN. 

ten  days  at  a  time.  The  climate  is  charming  during 
winter  and  spring. 

Bathing  in  the  limpid  waters,  in  the  early  morn,  was 
a  treat  of  which  the  Emperor  availed  himself.  He  ex 
pended  no  large  sums  of  money  there  for  costly  man 
sions,  nor  for  imperial  show  of  grandeur.  He  first  re 
sided  in  an  ancient  building,  formerly  occupied  by 
Cortez,  which  the  Ayuntamiento  tendered  him.  As  it 
was  considerably  dilapidated,  and  not  pleasant,  he 
rented  a  better  one,  for  which  he  paid  $40  per  month. 
He  also  purchased  a  tract  of  land  containing  about  five 
acres,  at  Acapamzingo,  a  half-league  distant,  on  which 
he  erected  a  small  house,  with  five  rooms  and  a  bathing 
place.  He  cultivated  a  little  flower-garden  near  the  house. 

Cuernavaca  had  its  charms  for  Cortez.  He  owned 
there  an  extensive  estate,  which  may  be  seen  to-day 
pouring  forth  its  riches,  in  luxuriant  growths  of  sugar 
cane,  coffee,  and  spangled  all  over  with  golden  fruit. 

Long  before  the  traveller  reaches  that  enchanting 
rural  spot,  the  eye  has  been  enchained  by  the  sumptuous 
beauties  of  the  road-side.  The  scenery  is  rich,  beautiful, 
wild,  and  grand.  You  cast  your  eye  downward,  and 
you  behold  the  slanting  rays  of  the  sun  burnishing  the 
deep  ravines,  fathomless  to  the  eye  ;  but  from  which,  in 
countless  places,  shoots  up  exquisite  foliage,  apparently 
springing  from  an  aerial  base,  or,  as  one  might  fancy, 
supported  by  some  angelic  hand  anxious  to  bathe  its 
paradisaical  vegetation  in  the  soft  mellow  light  of  the 
sunbeams.  Amid  the  thickets,  intertwined  and  em 
broidered  with  intoxicating  flowers,  is  heard  the  various 
notes  of  the  bird  of  Paradise  and  other  sweet  songsters, 
clothed  in  their  mail  of  deeply-dyed  plumage. 

High  above  and  around,  massive  rocks  stand  as  sen 
tinels,  as  if  to  guard  the  bewitching  scenery  from  the 
touch  of  man,  and  sometimes  curtain  from  his  sight  the 
deep-growing  beauties  that  sparkle  below. 


MAXIMILIAN.  149 

And  between  those  colossal  walls  float  the  glossy- 
plumed  warblers  in  the  ambient  air,  as  gently  as  the  sea 
gull  on  the  ocean's  deep ;  and  turn  their  golden  hues 
to  the  glittering  sun,  and  sparkle  like  the  phosphoric 
gleam  in  its  evening  dance  on  the  surface  of  a  southern 
sea. 


CHAPTER   X. 

Part  of  the  "Provisional  Statute"  of  the  Empire— Laws  of  the  Empire  and 
Republic  compared — Decree  of  October  3d,  1865 — Why  issued — Observations 
of  a  Mexican  Journal— Death  of  King  Leopold  I. — Audience  of  grief— Ad 
dress  of  Emperor  thereat — Reduction  of  his  revenue — His  habit  and  dress 
—Ceremonies  of  Lavation— His  address,  Sept.  16, 1866. 

IT  will  not  be  considered  as  deviating  from  the  true 
course,  to  insert  herein  some  of  the  principles  which 
were  woven  in  the  warp  and  woof  of  the  Imperial  ban 
ner  which  Mexico  flaunted  in  the  breeze  under  the 
monarchy.  They  will  be  somewhat  illustrative  of  the 
political  views  of  him  who  stood  at  the  head  of  that 
Empire.  A  knowledge  of  these  is  requisite  to  draw  cor 
rect  principles,  from  which  we  may  judge  with  discern 
ment  of  the  character  of  that  ruler. 

If  we  hold  them  up  to  the  light  of  jurisprudence,  side 
by  side  with  the  fundamental  basis  of  the  Republic,  to 
gether  with  the  practice  pursued  under  both,  the  piercing 
eye  of  justice  will  scarcely  be  able  to  distinguish  and 
characterize  more  liberty,  liberality,  and  equity  under 
the  latter  than  under  the  former. 

If  the  word  republicanism  is  in  the  least  degree  sooth 
ing  to  the  thoughts,  it  exercises  no  influence  in  abating 
the  rigor  of  the  law  that  is  actually  applied  under  it,  in 
Mexico. 

On  the  tenth  of  April,  1865,  at  the  Palace  of  Chapul- 
tepec,  His  Majesty  executed  the  PROVISIONAL  STATUTE, 
which  is  the  substructure  of  the  legislative  fabric,  as  the 
Constitution  is  of  a  Republic.  The  following  is  taken 
from  that  Statute : 

"  The  Emperor  shall  represent  the  sovereignty  of  the 


MAXIMILIAN.  151 

nation ;  and  while  he  shall%decree  nothing  in  the  definite 
organization  of  the  Empire,  he  shall  act  in  all  its 
branches  according  to  his  own  will,  or  by  means  of  the 
authorities  and  public  functionaries. 

"  The  Emperor  governs  by  means  of  a  ministry,  com 
posed  of  nine  Departmental  Ministers. 

"  The  Emperor  shall  confer  with  the  Council  of  State 
relative  to  the  formation  of  laws  and  regulations ;  and 
upon  consultation,  when  convenient,  shall  direct  the 
same. 

"  Every  Mexican  has  a  right  to  obtain  an  audience 
with  the  Emperor,  and  to  present  his  petitions  and  com 
plaints.  For  this  purpose  he  shall  apply  to  the  Cabinet 
in  proper  form. 

"The  magistrates  and  judges,  in  the  exercise  of  their 
judicial  functions,  shall  enjoy  absolute  independence. 

"The  military  shall  always  respect  and  assist  the 
civil  authorities ;  they  shall  exact  nothing  from  citizens 
except  through  the  latter,  and  shall  not  exercise  civil 
functions  except  when  a  state  of  siege  or  blockade  is 
declared  as  provided  by  law. 

"  The  Government  of  the  Empire  guarantees  to  all 
inhabitants  of  the  Empire,  in  conformity  to  law,  equal 
ity  before  the  law,  personal  security,  property,  exercise 
of  worship,  and  liberty  of  publishing  one's  opinions. 

"  No  one  can  be  detained  without  command  of  com 
petent  authority,  made  in  writing  and  affirmed,  which 
can  only  operate  against  a  person  when  circumstantial 
evidence  presumes  him  to  be  the  perpetrator  of  an 
offence;  except  when  a  crime  is  committed  in  one's 
presence,  in  which  case  any  person  may  apprehend  the 
criminal  and  take  him  before  a  judicial  or  other  com 
petent  authority. 

"Property  is  inviolable,  and  cannot  be  used,  except 
in  case  of  absolute  public  utility,  by  means  of  prior  and 
complete  indemnity,  and  in  the  form  prescribed  by  law. 


152  MAXIMILIAN. 

"  The  confiscation  of  property  is  forever  prohibited. 
All  the  imposts  for  the  treasury  of  the  Empire,  shall  be 
general  and  decreed  annually. 

"Taxes  can  be  imposed  only  by  virtue  of  the  law. 
No  one  can  be  molested  for  his  opinion ;  nor  shall  the 
freedom  of  the  press  be  obstructed,  but  subject  to  the 
laws  regulating  the  exercise  of  that  right." 

Who  that  has  long  lived  in  Mexico  under  the  Re 
public,  has  not  seen  nearly  every  one  of  the  foregoing 
principles  violated  ? 

Is  property  held  inviolable,  under  the  Republic  ? 

I  have  just  seen  the  Governor  of  the  District  of  Mex 
ico  go  stealthily,  tinder  the  cover  of  night,  with  men,  to 
demolish  a  citizen's  property,  in  order  to  make  a  new 
street  over  the  ground  on  which  the  building  stood. 

I  have  seen  the  President  making  laws,  after  the  ter 
mination  of  the  war,  under  a  Constitution  which  pro 
hibits  him  from  so  doing  at  any  time. 

Since  the  war,  the  liberties  of  the  press  have  been 
curtailed  by  that  same  Executive,  in  violation  of  consti 
tutional  rights. 

I  saw  Americans  who  had  been  arrested  by  the 
civil  authority,  and  imprisoned,  for  three  or  four  days, 
without  trial,  without  a  writ,  or  any  complaint  being 
made  against  them,  but  merely  upon  the  verbal  state 
ment  of  a  person,  who  requested  the  officer  to  make  the 
arrest. 

The  inhabitants  are  taxed  OP  forced  to  pay  contribu 
tions,  not  according  to  regularly  defined  laws,  but  in 
accordance  with  the  will  of  the  Executive. 

These  facts  and  principles  have  not  been  stated  here 
in,  in  support  of  the  Empire ;  but  that  they  may  fall 
under  the  light  of  comparison — that  the  .operations  of 
those  Republican  officers  may  be  seen,  who  have  meted 
out  their  vengeance  upon  the  head  of  the  Empire,  in 
retaliation  for  alleged  cruelty  and  inhumanity. 


MAXIMILIAN.  153 

It  is  not  difficult  for  one  familiar  with  Mexico  to 
perceive  that  the  Executive  prerogatives  exercised  under 
republicanism,  are  not  circumscribed  within  narrower 
limits  than  those  claimed  under  imperial  sway. 

The  formation  of  the  political  machine  under  the  Re 
public  cannot  be  considered  as  remarkably  faulty ;  but 
the  evidence  presented  to  the  world  is  conclusive  that  it 
has  been  ill-adjusted  by  the  operators.  Their  unwise 
acts  have  so  frequently  obstructed  and  defeated  the  sal 
utary  effects  of  the  fundamental  basis  of  their  govern 
ment,  that  the  rights  of  the  citizens  are  lost  sight  of,  and 
they  no  longer  look  upon  it  as  a  shield  to  their  persons 
and  property.  It  is  to  be  regretted  by  every  lover  of 
republican  principles  ;  yet,  the  desire  of  our  heart  should 
not  bridle  the  tongue  from  declaring  the  truth  as  to  ex 
isting  facts. 

When  there  is  in  fact  no  constitutional  restraint  upon 
the  will  of  the  Executive,  in  a  government  that  hoists  the 
ensign  of  a  Republic,  it  is  like  a  false  guide-board  to  the 
traveller  in  a  foreign  land  ;  and  the  pirate  that  throws 
to  the  breeze  the  colors  of  a  powerful  nation,  is  not  more 
deceptive  and  dangerous. 

The  decree  executed  October  3d,  1865,  by  His  Ma 
jesty  Maximilian  has  been  viewed  as  extraordinary,  and 
not  within  the  pale  of  civilized  governments,  but  fraught 
with  that  severity  and  inhumanity,  the  reading  of  which 
causes  a  shudder.  The  rule  of  the  judiciary  is  to  hear 
both  sides  of  a  cause  before  rendering  a  judgment.  Let 
the  public  follow  their  example.  Has  the  public  ever 
read  the  infamous  law  of  January  25th,  1862,  made  by 
the  "Liberal  party  of  Mexico  ?  That  law  will  be  herein 
after  set  forth  and  discussed. 

The  above-mentioned  decree  of  October  was  issued  at 
the  instance  of  Marshal  Bazaine.  He  appeared  before 
the  Council,  and  stated  as  a  positive  fact  that  Juarez  had 
left  the  territory  of  Mexico,  and  that  he  was  then  in  the 


154  MAXIMILIAN. 

State  of  Texas,  in  the  United  States  of  North  America. 
Bazaine  said  to  the  Council  and  to  the  Emperor  that 
it  was  absolutely  necessary  to  pass  some  severe  law  to 
put  down  the  malcontents  :  that  inasmuch  as  the  leader 
of  the  opposite  party  had  abandoned  the  territory, 
the  remaining  few  were  nothing  more  in  the  eye  of  the 
law  than  banditti ;  and  therefore  such  a  decree  would 
be  sustained  by  the  law  of  nations.  In  the  mind  of  the 
Emperor  such  a  law  was  marked  with  too  much  severity, 
and  he  expressed  himself  decidedly  opposed  to  it.  But 
after  much  debate  and  consideration,  together  with  a 
decided  opinion  of  the  ministry  in  support  of  the  decree, 
he  signed  it,  although  reluctantly.  It  will  be  observed 
that  this  is  one  of  the  few  decrees  signed  by  all  the 
ministers. 

That  the  Emperor  fully  believed  that  Jaurez  was  ac 
tually  beyond  the  jurisdiction  of  Mexico,  there  can  be 
no  doubt. 

That  great  barbarity  was  practised  by  the  Liberals, 
was  a  common  remark  in  Mexico  at  that  time.  The  peo 
ple  generally  in  Mexico  believed  that  Juarez  had  left  the 
country.  At  least,  I  have  talked  with  many  in  the  city 
of  Mexico  who  said  that  they  believed  it. 

As  some  evidence  of  the  opinion  prevailing  in  that 
city,  I  will  insert  here  a  copy  of  an  article  taken  from 
"  The  Mexican  Times"  bearing  date  Saturday,  Febru 
ary  24th,  1866: 

"  We  are  satisfied  that  the  United  States  press,  that 
have  criticised  so  severely  the  order  of  His  Majesty  the 
Emperor,  requiring  all  guerrillas  taken  with  arms  in 
their  hands  to  be  shot,  are  entirely  ignorant  of  the  sfate 
of  things  existing  in  Mexico.  A  long  time  before  that 
decree  was  issued,  the  Imperial  forces  were  suffering  se 
riously  from  the  conduct  of  the  dissidents.  Whenever 
they  took  a  Frenchman  he  was  immediately  shot,  while 
the  prisoners  taken  by  the  French  troops  were  released 


MAXIMILIAN".  1 5  5 

and  sent  back  to  their  homes.  The  Emperor,  in  the  kind 
ness  of  his  heart,  has  turned  loose  hundreds  and  thou 
sands  who,  not  appreciating  his  leniency,  went  straight 
into  the  mountains  and  joined  again  their  old  friends 
the  robbers.  This  state  of  things  lasted  in  Mexico  for  a 
long  time, — the  dissidents  killing  their  prisoners  without 
mercy,  while  the  Imperial  forces  spared  theirs.  Al 
though  there  has  been  no  organized  force  in  Mexico  op 
posed  to  the  Empire  since  the  fall  of  Oajaca,  still  His 
Majesty  did  not  issue  this  decree  until  Juarez  had  fled 
the  country,  leaving  behind  him  no  constituted  legal 
authority  whatever  to  carry  on  the  war.  President  Jua 
rez  took  with  him  his  entire  cabinet,  leaving  no  head  or 
leader  in  Mexico.  As  to  Escobedo  and  Cortina,  they 
were  simply  outlaws  who  rob  friend  and  foe,  and  mur 
der  for  filthy  lucre.  Witness  the  murder  of  General 
Parson  of  Missouri,  and  party,  and  the  shocking  bar 
barity  committed  on  their  persons.  If  these  guerrillas 
are  under  the  control  of  Juarez,  he  is  responsible  for  this 
wholesale  murder  of  those  innocent  men.  We  therefore 
request  our  brethren  of  the  northern  press  to  recollect : 

"  1st.  That  the  dissidents  (guerrillas)  inaugurated  this 
shooting  of  prisoners. 

"  2d.  That  there  had  not  been  for  many  a  long  month 
before  the  issuance  of  the  decree  by  the  Emperor,  any 
organized  force  making  war  upon  the  Empire. 

"  3d.  There  is  none  now. 

"  4th.  Ex-President  Juarez,  with  his  whole  court  and 
cabinet,  had  abandoned  Mexico  before  the  decree  was 
issued.  The  only  force  in  arms  against  the  Empire 
at  the  time  the  decree  was  issued,  were  irresponsible 
guerrillas,  who  robbed  friend  and  foe,  old  and  young, 
women  and  children." 

Under  the  foregoing  state  of  facts,  and  the  provisions 
of  the  law  of  1862,  made  by  the  Liberals,  it  could  hardly 
be  expected  by  rational  men  that  some  law  in  retalia- 


1 56  MAXIMILIAN. 

lion  of  those  acts  of  savage  barbarity  would  not  be 
created  by  the  Empire.  The  surprise  well  might  be, 
that  the  Emperor  waited  so  long  before  executing  some 
decree  that  would  be  considered  a  sufficient  punishment 
to  deter  further  inhuman  acts. 

Soon  after  the  issuance  of  the  said  decree  of  October 
3d,  near  the  latter  part  of  the  said  month,  twenty-eight 
persons  were  taken  prisoners  by  General  Mendez,  in 
Morelia,  in  the  Department  of  Michoacan.  Four  of 
them  were  shot;  namely,  General  Arteaga,  Colonel 
Salasa,  and  two  whose  names  are  unknown  to  me. 
When  information  reached  the  Emperor  that  the  four 
had  been  executed,  he  felt  exceedingly  grieved,  and 
despatched  a  courier  to  inform  Mendez  that  he  disap 
proved  the  act,  and  that  he  must  shoot  no  more.  The 
Emperor  immediately  issued  orders  to  the  commanders 
of  the  different  divisions  to  execute  no  prisoners  until 
orders  were  received  from  him  to  that  effect. 

Although  the  decree  was  in  force,  it  was  not  the  in 
tention  of  His  Majesty  to  carry  it  out;  but  only  to  hold 
it  as  a  terror  over  the  enemy,  in  order  that  it  might  have 
a  tendency  to  stop  bloodshed. 

With  a  view  of  preventing  executions  under  that  de 
cree,  the  Emperor  ordered  the  telegraph-office  to  be  kept 
open  nights.  And  he  further  ordered  that  the  operators 
should  wake  him,  whenever  a  message  came  which  re 
ported  a  capture  of  prisoners.  He  was  frequently  awak 
ened  under  that  order,  and  he  never  failed  to  send  an 
order  prohibiting  the  execution  of  prisoners. 

Further  comment  will  be  made  upon  the  October  de 
cree,  in  connection  with  the  trial  of  Maximilian. 

A  sad  event  occurred  in  December,  1865,  in  Europe, 
information  of  which  reached  Mexico  in  the  first  part  of 
the  following  month,  and  mantled  Their  Majesties  with 
mourning  and  sorrow.  King  Leopold  I.,  of  Belgium, 
the  father  of  the  Empress  Carlota,  had  expired. 


MAXIMILIAN.  157 

In  memory  of  the  departed,  and  respect  to  the  living, 
an  "audience  of  grief"  was  held,  January  15th,  1866,  in 
accordance  with  the  programme  previously  published. 
The  Diplomatic  Corps  and  the  great  dignitaries  pre 
sented  themselves  in  full  mourning,  to  offer  condolence 
to  Their  Majesties,  on  account  of  the  sad  bereavement 
which  had  befallen  them.  In  the  midst  of  that  solemn 
audience,  one  of  the  Ministers  of  State,  Senor  D.  F. 
Ramirez,  addressed  Their  Majesties  in  a  becoming 
style,  with  much  dignity  and  with  tender  feelings  of 
sympathy. 

His  Majesty,  with  great  kindness  of  heart,  responded. 
On  this  occasion,  he  expressed  his  feelings  and  opinions 
relative  to  his  government,  which  will  not  be  uninterest 
ing,  as  expressive  of  the  sincerity  of  his  views  and  the 
rectitude  of  his  actions.  That  response  was  in  the  fol 
lowing  language : 

"  GENTLEMEN  : 

"I  am  thankful  to  you  for  the  participation  you 
have  taken  in  the  sad  event  which  has  just  wounded  the 
Empress  and  myself. 

"  In  such  a  great  misfortune  it  is,  however,  a  consola 
tion  to  remember  the  great  and  laudable  example  which, 
as  a  most  sacred  inheritance,  the  King  of  Belgium  be 
queaths  to  us.  He,  as  ourselves,  in  accepting  the  throne 
which  a  people  offered  him,  met  a  nation  to  constitute 
and  a  government  to  establish.  The  uninterested  inter 
vention  of  France  enabled  him  to  restore  peace,  and  he 
dedicated  himself  to  very  important  internal  reforms. 
He  promised  liberty  to  his  people,  and  during  the 
lengthy  period  of  twenty-five  years,  he  fulfilled  his  en 
gagement.  He  promised  security  and  tranquillity  to 
the  country,  and  they  were  given,  and  with  them  their 
independence, — thus  placing  Belgium  in  a  high  rank 
among  the  nations  of  Europe,  especially  in  a  commer- 


158  MArTMTLIAW. 

cial  point  of  view,  and  leaving  spotless  its  noble  motto 
and  banners. 

"  We  will  know  how  to  follow  that  great  example,  by 
which  God  has  taught  us  that  Providence  never  aban 
dons  the  honest  and  just  monarchs  in  their  noble  enter 
prises. 

"The  Empress,  his  daughter,  has  just  returned  from  a 
laborious  journey  in  distant  lands  and  in  dreadful  cli 
mates,  without  other  guard  than  the  love  of  the  people, 
and  everywhere  meeting  a  frank  and  cordial  reception, 
which  shows  once  more  the  sympathy  existing  between 
the  nation  and  its  rulers.  This  fact  proves  beyond  a 
doubt  the  error  in  which  were  laboring  many  ill-inten 
tioned  parties  who  had  rumored  a  departure  of  the  Em 
press  for  Europe,  and  predicted  and  wished  her  a  hostile 
reception  in  the  country  she  was  to  travel  through. 

"  It  is  gratifying  to  me  to  express  on  this  occasion  my 
profound  gratitude  to  the  heroic  Vera  Cruz  and  the 
beautiful  Yucatan,  which  received  the  Empress  with  such 
solicitude,  that  its  memory  will  ever  be  graven  upon  my 
inmost  soul. 

"  As  to  me,  Gentlemen,  you  have  witnessed  my  labors. 
Discarding  the  dangerous  theories  which  lead  to  anarchy, 
I  devoted  my  time  to  the  organization  of  public  admin 
istration,  to  the  development  of  all  the  elements  of 
prosperity  and  wealth  of  the  country,  and  to  the  solu 
tion  of  the  questions  which  most  interest  it. 

"  In  this  arduous  labor  I  have  resisted  the  importuni 
ties  of  some  and  the  discouragement  of  others,  knowing 
that  the  wounds  inflicted  during  fifteen  years  of  civil 
war  do  not  heal  in  one  day ;  but,  firm  in  the  conscious 
ness  of  my  duty,  I  will  follow  unhesitatingly  my  path 
with  indefatigable  perseverance.  My  strength  may  fail — •  "-- 
my  courage,  never ! 

"I  will  endeavor  to  maintain  the  democratic  habits 
of  the  nation.  I  am  convinced  that  they  elevate  tho 

•    ** 


MAXIMILIAX.  159 

minds  of  the  citizens,  impressing  them  with  conscious 
ness  of  their  dignity  and  valor. 

"I  have  protected  the  liberty  of  the  press  as  long  as 
it  did  not  degenerate  into  unlimited  license ;  at  the  same 
time  having  the  authority  of  the  law  exercised. 

"  Very  blind  is  he  who  does  not  see  that  a  strong 
authority  is  the  only  anchor  of  salvation  for  our  country. 

"  You  have  been  able  to  observe  our  calm  attitude 
during  that  storm  of  calumnies  raised  against  us  abroad. 
On,  Gentlemen !  the  calumnies  will  pass  over,  and  our 
work  will  stand. 

"  Strongly  supported  by  my  conscience  and  the  up 
rightness  of  my  intentions,  I  quietly  contemplate  the 
future.  Mexico  has  placed  her  honor  in  my  hands,  and 
she  must  know  that  this  honor  will  be  kept  unstained 
and  unspotted." 

The  reduction  made  by  the  Emperor  in  his  own 
revenue,  which  includes  all  of  that  expended  for  the 
Imperial  House,  known  as  the  Civil  List,  is  adequate 
proof  of  his  economy.  On  the  15th  of  March,  A.  D. 
1866,  he  wrote  from  Cuernavaca,  to  the  Minister  and 
Intendent-General  of  the  Civil  List,  a  letter  which  con 
tained,  among  other  things,  the  following : 

"  In  view  of  the  present  exigencies  of  the  treasury, 
and  while  the  condition  of  the  public  treasury  is  so  bur 
dened,  it  is  our  firm  resolution  to  receive  only  from  the 
State  for  the  Civil  List  the  third  part  of  the  annual 
revenue  which  belongs  to  it,  according  to  the  said  de 
cree  of  the  Regency ;  that  is,  the  sum  of  five  hundred 
thousand  dollars  for  all  the  said  expenses." 

He  further  observed  in  the  same  letter,  that — 

"  This  reduction  in  the  expenses  is  preferred  by  us, 
through  choice,  to  the  customary  splendor  and  greatness 


160  MAXIMILIAN-. 

of  the  European  Courts ;  because  simplicity  and  moder 
ation  better  accord  with  the  democratic  ideas  which 
animate  us ;  and  besides,  it  raises  the  prestige  of  the 
monarchy  as  much  as  the  brilliancy  of  a  splendid 
Court." 

The  Emperor  was  quite  regular  in  his  habits.  He  re 
tired  from  eight  to  nine  o'clock.  When  in  the  National 
Palace  he  frequently  went  to  bed  at  eight,  and  at  Cha- 
pultepec  usually  at  about  nine  o'clock.  He  sometimes 
read  while  in  bed  for  a  half-hour,  and  sometimes  would 
require  his  valet  de  chambre  to  read  to  him  from  some 
German  work  until  he  fell  into  slumber.  While  at  Cha- 
pultepec  he  rose  at  three  o'clock  in  the  morning,  and 
immediately  commenced  writing, — answering  letters, 
signing  documents,  etc.  At  half-past  five  he  took  a  cup 
of  coffee.  At  seven  he  rode  out  for  an  hour.  He  break 
fasted  between  eight  and  nine.  He  drank  seidlitz  water 
with  ice  at  the  table.  He  dined  at  half-past  three,  never 
eating  fruit  at  his  meals,  nor  drinking  coffee  at  dinner. 
After  dinner  he  smoked,  then  rode  out  in  his  carriage, 
usually  drawn  by  six  white  mules,  with  coachman  and 
groom,  and  one  mounted  escort  in  the  advance.  The 
three  servants  dressed  in  apparel  made  of  soft  leather. 
After  the  ride  he  would  generally  call  his  secretary,  or 
an  officer,  and  play  billiards.  His  breakfast  and  his 
early  coffee  were  usually  taken  without  the  company  of 
the  Empress, — that  is,  the  coffee  particularly,  as  it  was 
not  a  convenient  hour  for  her.  They  invariably  dined 
together.  Whenever  they  ate  separately,  he  was  accom 
panied  by  his  secretary,  or  some  officer,  and  the  Empress 
by  her  maid  of  honor,  Sefiorita  Josefa  Varela. 

From  one  o'clock  to  half-past  two,  in  the  afternoon, 
was  the  time  designated  for  his  ministers  and  visitors 
to  call. 

He  wore,  generally,  light-colored  pants,  a  black  frock- 


MAXIMILIAN.  161 

coat,  black  vest ;  and  while  at  Chapultepec,  a  soft  white 
hat,  with  a  low  crown ;  and  when  in  the  city,  a  high- 
crowned  hat,  white  or  gray.  His  overcoat  was  gray. 
He  also  wore  a  set  of  studs  and  sleeve-buttons,  set  with 
blue  stones,  which  he  had  used  for  many  years  without 
any  change  for  others. 

On  the  second  finger  of  his  right  hand  were  two  heavy 
plain  gold  rings.    One  of  them  had  the  following  inscrip-  j 
tion  on  the  interior  surface :     "  Prince.     M.   Charlotte,  1 
27th  July,  1857.  G.  G.  G."    On  the  Me  finger  of  his  left  \ 
hand  was  a  gold  ring  with  a  large  blue  setting,  having      \ 
engraved   thereon  the   Mexican  coat  of  arms.     When 
he  retired  at  night,  he  took  off  one  of  his  plain  rings ; 
and  after  washing  the  next  morning,  placed  it  again 
on   his   finger.      Which    ring   it   was,  or  why   he   did 
so,  I  was  not  able  to  learn.     While  at  Cuernavaca  he 
dressed  in  white  linen,  and  Panama  hat.      At  parties, 
he  sometimes  dressed  in  citizens'  clothes. 

Their  Majesties  were  both  devout  in  their  attachment 
to  the  Roman  Catholic  faith,  and  in  attention  to  its  pre 
cepts.  They  performed  the  ceremony  of  the  Lavation, 
on  Holy  Thursday,  at  noon,  in  1866,  at  the  National 
Palace,  in  the  reception-saloon.  Tickets  were  issued 
inviting  a  large  number  to  attend ;  and  the  apartment 
was  quite  crowded.  Twelve  old  men,  of  humble  position 
in  life,  were  seated  on  a  bench  with  a  table  before  them, 
furnished  with  a  white  cloth,  twelve  plates,  and  knives  • 
and  forks.  On  the  opposite  side  of  the  room  stood 
another  table  prepared  in  like  style,  with  twelve  women 
seated  thereat.  The  Emperor  wore  the  uniform  of  a 
Mexican  General,  and  was  accompanied  by  his  aids  and 
household  officers.  The  Empress  was  dressed  in  black, 
wearing  black  earrings  -  assisted  by  her  maids  of  honor. 
The  twelve  men  and  women  were  in  black  apparel, 
with  white  collars.  The  table  was  served  in  courses, 
brought  in  on  wooden  trays,  by  the  guard  palatinate. 


162  MAXIMITJAX. 

The  dishes  were  taken  therefrom  by  Count  Bombell  and 
Princess  Iturbide,  and  handed  to  the  Empress,  who 
served  the  twelve  women  with  the  same,  at  the  same 
time  conversing  with  them.  She  poured  out  the  water 
and  wine  for  them ;  changed  their  plates  as  the  differ 
ent  courses  arrived;  handed  the  used  plates  to  Count 
Bombell — and  thus  continued  until  the  conclusion.  The 
Emperor  went  through  the  same  ceremony  with  the 
twelve  men,  assisted  by  his  household  officers.  Neither 
men  nor  women  appeared  to  eat  very  heartily,  although 
requested  so  to  do,  until  the  frijoles  (beans)  were 
served ;  and  as  that  dish  is  the  favorite  of  the  Mexicans, 
they  could  not  resist  temptation. 

After  the  eating  was  finished  the  tables  were  removed, 
but  the  parties  remained  seated,  and  were  covered  with 
a  long  white  cloth  from  their  laps  down  to  the  floor. 

Behind  the  twelve  women  stood  an  equal  number  of 
girls  from  ten  to  sixteen  years  of  age  ;  and  behind  the 
men  the  same  number  of  boys  were  arrayed. 

The  girls  and  boys  advanced  in  front  of  the  men  and 
women  respectively,  and  turning  towards  them  took  from 
them  their  shoes  and  stockings.  The  Emperor  and  Em 
press,  taking  off  their  gloves,  each  receiving  a  bowl  of 
water  from  their  respective  assistants,  bent  down  upon 
their  knees — the  Emperor  before  the  twelve  men,  and 
the  Empress  before  the  twelve  women — and  washed  the 
feet  of  the  twelve  respectively  ;  and  as  they  finished  the 
washing,  they  kissed  one  foot  of  each  person  so  washed. 

Thus  ended  that  religious  ceremony,  which  is  per 
formed  by  His  Holiness  the  Pope,  in  imitation  of  our 
Saviour. 

On  the  sixteenth  of  September,  1866,  the  anniversary 
of  Mexican  Independence,  an  address  was  delivered  to 
Their  Majesties  by  D.  Jose  Fernando  Ramirez,  Minister 
of  Foreign  Affairs ;  on  which  occasion  the  Emperor 
n.ade  the  following  expression,  showing  how  truly  he 


MAXIMILIAN.  163 

felt  himself  identified  with  the  interest  and  welfare  of 
Mexico  : 

"  MEXICANS  : 

"  This  is  a  family  rejoicing.  It  is  to  rejoice  together 
as  brothers,  that  we  meet  each  year  on  this  celebrated 
day  around  our  glorious  banner.  The  day  on  which  our 
immortal  Hidalgo,  raising  his  patriotic  voice  with  noble 
courage,  assembled  the  heroes  of  a  new  era  for  Mexico, 
will  always  be  for  the  children  of  our  country  a  day  of 
rejoicing  as  well  as  a  day  of  duty ; — of  rejoicing,  because 
we  celebrate  in  it  the  anniversary  of  our  nationality  ;  of 
sacred  duty,  because  every  good  Mexican  ought  to  renew 
on  that  day  the  oath  to  live  only  for  the  greatness,  the 
independence,  and  the  integrity  of  his  country,  and  to 
-be  ever  ready  to  defend  it  with  all  his  courage  and  en 
ergy.  The  words  of  this  oath  are  the  first  which  I  ut 
tered  as  a  good  Mexican.  I  solemnly  repeat  them  to-day 
to  you.  My  heart,  my  soul,  my  labors,  all  my  loyal 
efforts  belong  to  you  and  to  our  dear  country. 

"  No  power  in  this  world  will  be  able  to  make  me 
vacillate  in  my  duty.  Every  drop  of  my  blood  is  now 
Mexican,  and  if  God  were  to  permit  that  new  dangers 
should  threaten  our  dear  country,  you  would  see  me  in 
your  ranks  fighting  for  its  independence  and  its  integ 
rity.  I  may  die,  but  I  will  xlie  at  the  foot  of  our  glo 
rious  banner,  for  no  human  force  can  make  me  abandon 
the  post  to  which  your  confidence  has  called  me. 

"  What  I  do  myself  every  true  Mexican  must  do ;  he 
must  extirpate  past  feuds,  he  must  bury  past  hate,  and 
live  only  for  the  good  and  the  prosperity  of  our  beauti 
ful  country.  Thus  united  in  sentiment,  and  following 
the  same  path  indicated  to  us  by  duty,  we  shall  be 
strong,  and  we  shall  make  those  principles  triumph 
which  form  the  main  object  of  our  labors. 

"  Let  us  take  advantage  of  each  day  to  develop  and 


164  MAXIMILIAN. 

strengthen  them.  Let  us  unite  ourselves  closely  to  our 
noble  allies  and  their  glorious  flag,  and  we  shall  thus 
see,  growing  in  strength  and  bearing  fruits,  the  beauti 
ful  tree  of  our  independence,  the  seed  of  which  was 
sown  more  than  half  a  century  ago  by  the  great  Hidalgo 
and  his  illustrious  companions.  Long  live  Independence ! 
Long  live  the  remembrance  of  its  great  heroes  !" 

When  "  new  dangers"  did  arise,  the  Emperor  was 
true~to  his  promise.  How  well  can  his  brave  officers  ami 
men,  who  were  around  him  in  Queretaro,  attest  the  truth 
of  that  averment !  He  asked  no  man  to  run  any  more 
risk  than  he  was  willing  to  incur  himself.  The  true 
soldier,  the  true  man,  was  prominent  in  all  his  bearing. 
He  was  a  nobleman  of  Nature,  wanting  no  indorsement 
of  man  to  perfect  the  title. 

About  the  eighth  of  October,  1866,  the  Emperor  re 
ceived  the  sad  intelligence  of  the  derangement  of  the 
Empress  Carlota.  It  completely  prostrated  him.  It 
was  about  two  o'clock  in  the  afternoon  when  the  news 
reached  him.  He  immediately  rode  out  to  the  palace 
of  Chapultepec,  where  he  shed  tears  all  that  day.  He 
remained  there  over  ten  days,  confining  himself  closely 
to  his  apartments,  scarcely  seeing  any  one  during  that 
time.  It  was  a  sudden  as  well  as  a  terrible  blow  of 
affliction  to  him.  Her  physical  condition  had  been  so 
good,  that  he  never  for  a  moment  thought  that  such  a 
misfortune  could  befall  her. 

Smarting  under  the  late  bereavement,  perplexed  by 
the  course  pursued  by  Bazaine,  and  believing  that  the 
jealousy  and  discord  of  the  latter  had  so  weakened  the 
political  ties  around  him,  that  nothing  but  danger  and 
misfortune  could  be  seen  looming  up  in  the  future — with 
all  these  thoughts  pressing  on  his  mind,  the  Emperor 
went  to  Orizaba,  about  the  twentieth  of  October,  with 
a  view  of  leaving  the  country.  These  were  trying  cir- 


MAXIMILIAN.  165 

cumstances,  which  called  for  the  utmost  vigor  of  thought 
and  resolution  to  determine  what  method  to  adopt. 
But  after  a  short  reflection  his  drooping  spirits  became 
aroused,  and  his  inclination  became  strongly  in  favor  of 
a  resolute  defence  till  the  last.  Honor  inspired  his  mar 
tial  spirit  to  the  highest  pitch.  He  began  to  meditate 
upon  the  fact  that  they  who  had  solicited  his  presence 
as  their  ruler,  would  be  left  in  no  agreeable  or  safe  con 
dition  after  his  departure ;  that  they  had  been,  with  him, 
joint  actors  in  the  great  work  of  building  up  the  Em 
pire,  and  that  he  could  not  go  out  of  the  copartnership 
until  the  contemplated  work  should  prove  to  be  an  im 
possibility,  and  the  framework  already  erected  should 
be  annihilated. 

But  anxious  that  the  work  should  proceed  in  harmony 
with  the  majority,  he-was  desirous  of  testing  the  will  of 
the  Mexican  people.  The-same  rule  that  governed  his 
actions  in  coming  to  the  country  was  still  adhered  to. 
That  is,  he  required  the  support  of  a  majority  of  the 
Mexicans  in  order  to  sustain  his  conscience  in  consenting 
to  be  their  head. 

The  fact  that  armed  dissidents  were  in  the  field  was 
no  proof  that  such  a  majority  was  against  him.  He  was 
hot  ignorant  of  the  historical  fact,  that  the  supreme 
power  of  a  nation  is  possessed  by  those  who  have  the 
implements  of  war  in  their  hands ;  while  at  the  same 
time  it  may  be  true,  that  they  are  far  in  the  minority. 
That  such  a  state  of  things  has  existed  in  Mexico,  more 
than  once,  will  not  be  questioned  by  those  well  versed 
in  its  history. 

He  therefore  expressed  his  views  clearly  to  his  Coun 
cil,  to  Generals  Miramon  and  Marquez,  and  Father 
Fischer,  his  secretary,  while  at  Orizaba.  He  desired  to 
receive  an  explanation  of  the  will  of  the  people ;  and  if 
that  will  were  against  him,  he  considered  that  honor 
would  no  longer  compel  him  to  remain  for  the  purpose 


166  MAXIMILIAX. 

of  soliciting  the  people  to  yield  to  his  reign,  nor  to  force 
them  by  arms. 

With  a  view  of  hearing  the  voice  of  the  people,  he 
issued  the  following  proclamation  : 

"  MEXICANS  :  Circumstances  of  great  magnitude,  re 
lating  to  the  welfare  of  our  country,  and  which  increase 
in  strength  by  our  domestic  difficulties,  have  produced 
in  our  mind  the  conviction  that  we  ought  to  reconsider 
the  power  confided  to  us. 

"Our  Council  of  Ministers,  by  us  convoked,  has  given 
MS  their  opinion  that  the  welfare  of  Mexico  still  requires 
our  presence  at  the  head  of  affairs,  and  we  have  con 
sidered  it  our  duty  to  accede  to  their  request.  We  an 
nounce,  at  the  same  time,  our  intention  to  convoke  a 
1^tttrioH4iLCan^ress,  on  the  most  ample  and  liberal  basis, 
where  all  political  parties  can  participate. 

"  This  Congress  shall  decide  whether  the  Empire  shall 
continue  in  the  future  ;  and  in  case  of  assent,  shall  assist 
in  framing  the  fundamental  laws  to  consolidate  the  pub 
lic  institutions  of  the  country.  To  obtain  this  result, 
our  Councillors  are  at  present  engaged  in  devising  the 
necessary  means,  and  at  the  same  time  arranging  matters 
iii  such  a  manner  that  all  parties  may  assist  in  an  ar- 
•  rangement  on  that  basis. 

h"  In  the  mean  time,  Mexicans,  counting  upon  you  all, 
without  excluding  any  political  class,  we  shall  continue 
with  courage  and  constancy  the  work  of  regeneration 
which  you  have  placed  in  charge  of  your  countryman. 

"  MAXIMILIAN. 
"  ORIZABA,  Dec.  1, 18G6." 

On  the  12th,  His  Majesty,  His  Council  of  Ministers, 
General  Marquez,  and  Father  Fischer,  left  Orizaba,  and 
on  the  18th  reached  Puebla.  His  Majesty  and  Father 
Fischer  there  remained  until  the  3d  of  January  follow- 


MAXIMILIAN.  167 

ing.  The  Ministers  and  Gen.  Marquez  proceeded  on  to 
the  city  of  Mexico.  On  the  5th  of  January,  His  Ma 
jesty  and  Father  Fischer  arrived  at  the  Capital. 

The  contemplated  session  of  Congress  did  not  take 
place,  for  the  reason  that  the  state  of  the  country  was 
such  that  an  election  was  impossible.  No  blame  can  be 
attached  to  his  Majesty  on  that  account.  He  was  heart 
ily  desirous  of  bringing  about  an  election,  at  which  all 
;  parties  might  express  freely  their  wish,  uninfluenced  by 
his  own  bayonets. 

Inasmuch  as  vituperations  have  been  profusely  uttered 
against  His  Majesty  for  the  alleged  cruelties  perpetrated 
under  his  sway,  it  will  not  be  improper  to  state  certain 
facts  as  to  the  regular  course  of  justice  pursued  during  a 
part  of  the  time,  considering  that  I  have  procured  posi 
tive  proof  of  what  I  am  about  to  relate. 

During  nine  months  of  the  year  1866,  in  the  city  of 
Mexico,  the  court-martial,  of  which  Colonel  Luis  Reyes 
was  president,  tried  twenty-seven  persons,  most  of  whom 
had  been  guilty  of  robbery  and  other  felonious  crimes. 
Three  of  them  only  were  convicted  of  political  crimes, 
and  not  one  of  the  latter  was  executed,  but  all  were  re 
leased. 

Cruelty  was  not  an  ingredient  mixed  up  in  Maxi 
milian.  It  was  as  impossible  for  him  to  be  cruel  as  it  is 
to  mix  oil  and  water. 


CHAPTER    XL 

Maximilian  goes  to  Queretaro— History  of  the  city— Maximilian's  opinions— 
His  habits— Battles— Taking  of  the  city  by  the  Liberals— His  surrender  and 
imprisonment. 

"  Before  my  breath,  like  bla/ing  flax, 

Man  and  his  marvels  pass  away ! 

And  changing  empires  wane  and  wax, 

Are  founded,  flourish,  and  decay." 

ON  the  6th  day  of  February,  A.D.  1866;  the  French 
troops  left  the  city  of  Mexico.  Their  connection 
with  the  government  of  Maximilian  had  ceased.  His 
Majesty,  fearing  that  the  clouds  of  despair  might  darken 
the  views  of  his  forces  within  the  city  of  Queretaro, 
concluded,  after  receiving  the  opinion  of  his  Council,  in 
unison  with  his  own,  to  appear  in  person  at  that  point, 
hoping  that  his  presence  might  stimulate  the  soldiers, 
and  give  them  new  hope.  Consequently,  at  the  head  of 
a  force  of  not  far  from  eighteen  hundred  men,  composed 
of  cavalry,  infantry,  and  artillery,  accompanied  by  Gen 
eral  Marquez  and  Sefior  Aguirre,  Minister  of  War,  he 
took  up  his  line  of  inarch  February  13th,  for  Queretaro. 
On  the  first  and  fourth  day  he  had  light  skirmishing  with 
a  party  of  guerrillas,  the  latter  day's  fight  lasting  several 
hours ;  a  few  were  killed,  and  several  were  wounded  on 
both  sides.  He  reached  Arroyo  Seco  on  the  18th,  distant 
from  the  latter  city  four  leagues.  Very  early  the  next 
morning  he  was  again  in  the  saddle,  and  at  about  ten 
o'clock  he,  with  his  little  army,  entered  Queretaro  in  the 
most  triumphal  manner.  Before  entering,  he  was  met 
by  Generals  Miramon  and  Mejia,  their  staffs,  and  the 
whole  force  at  Queretaro,  numbering  over  three  thousand 
men.  The  entrance  was  grand  and  imposing.  His 


MAXIMILIAN.  109 

Majesty  sat  upon  a  large  elegant  white  steed,  dressed  in 
a  dark  blue  uniform  as  a  Mexican  general,  with  military 
boots  over  his  pants,  and  a  small  cap,  called  a  kepi. 

All  Queretaro  seemed  to  be  out  of  doors.  Both  sides 
of  the  road  were  lined  with  people,  crowding  almost  on 
to  the  soldiery.  Shouts  of  "  Long  live  the  Emperor" 
went  up  from  every  direction,  as  though  by  one  united 
voice.  Church-bells  chimed  without  cessation,  as  if  they 
were  calling  the  whole  nation  together ;  hats,  handker 
chiefs,  and  gay  ribbons  were  waving,  while  bouquets  were 
falling  all  around  His  Majesty  in  showers,  thrown  by 
smiling  seiioritas,  as  fresh  as  their  garden-flowers.  One 
would  have  concluded,  while  gazing  at  that  enthusiastic 
mass,  that  they  supposed  a  new  era  of  perfect  bliss  had 
appeared.  His  Majesty,  with  his  accustomed  affability 
and  general  good-nature,  was  bowing,  first  on  this,  then 
on  that  side,  amid  the  universal  applause  of  the  multi 
tude.  Surely  Maximilian  thought  he  had  fallen  among 
friends.  That  friendship  was  genuine.  The  citizens  of 
Queretaro  have  given  ample  evidence  of  their  friendship 
for  him  during  all  his  misfortunes.  Would  that  the 
same  could  be  said  of  his  own  officers  !  Those  citizens 
smiled  when  fortune  surrounded  His  Majesty — they  wept 
when  sorrow  lighted  upon  his  brow. 

Queretaro  is  situated  in  latitude  twenty  degrees  and 
twenty-three  minutes  north;  and  in  longitude  one  de 
gree  and  five  minutes  west  from  the  meridian  of  the  city 
of  Mexico,  and  distant  from  the  latter  place  fifty-seven 
leagues.  It  was  founded  about  the  year  fourteen  hun 
dred  and  forty-five,  and  formed  a  part  of  the  Empire  of 
Moctezuma  I.  It  was  conquered  by  D.  Fernando  de 
Tapia,  July  25th,  1531,  who  gave  it  the  appellation  of 
Santiago  de  Queretaro.  In  the  Tarasco  idiom — whence 
the  name  of  Queretaro — it  signified  a  place  where  ball 
was  played ;  probably  not  those  leaden  balls  of  death, 
which  have  played  so  important  a  part  in  this  century. 

8 


170  MAXIMILIAN. 

In  the  year  1655,  it  was  raised  to  the  rank  of  a  city, 
by  King  Felipe  IV.  It  contained,  a  few  years  ago, 
about  fifty  thousand  inhabitants.  Now,  half  that  num 
ber  would  be  nearer  a  correct  estimate  of  its  population. 
Empty  houses  are  very  abundant,  as  well  as  many  half 
annihilated  from  the  storms  of  battle. 

During  the  war  with  the  United  States,  Mexico  held 
its  congressional  sessions  there ;  and  there  executed  the 
treaty  of  Hidalgo,  made  between  those  two  Govern 
ments  in  the  year  1848. 

On  the  arrival  of  His  Majesty  in  that  city,  the  Qucre- 
taro  Club  offered  him  their  apartments,  in  the  building 
known  as  the  Casino,  which  had  been  elegantly  fitted 
up  by  them.  It  was  the  most  comfortable  quarters 
that  could  have  been  tendered  him.  There  was  ample 
room  for  him  and  his  staff.  He  accepted  the  generous 
offer. 

On  the  twenty-fifth  of  February,  the  Emperor  re 
ceived  a  re-enforcement  of  four  thousand  men,  under 
Gen.  Mendez. 

Soon  after  taking  a  survey  of  that  city  and  its  sur 
roundings,  the  Emperor  commenced  erecting  fortifica 
tions  on  El  Cerro  de  las  Campanas  (the  Hill  of  the 
Bells),  which  is  a  little  over  a  mile  northwest  of  the  city. 
He  was  of  opinion  that  that  position  would  be  first 
attacked  by  the  enemy.  He  attended  to  that  work  in 
person.  He  remained  there  night  and  day,  from  the 
sixth  of  March  until  the  thirteenth.  The  first  three 
nights  he  slept  upon  the  ground.  The  fourth  day,  Gen. 
Mejia  arranged  an  elegant  Turkish  tent  for  the  Emperor, 
in  which  he  rested  the  last  four  nights.  It  had  been 
purchased  by  Gen.  Almonte  in  Paris,  and  by  him  pre 
sented  to  Mejia,  who  tendered  it  to  his  Majesty. 

The  Emperor  wrote  the  following  letter  as  explan 
atory  of  his  acts  and  wishes,  in  order  that  erroneous 
views  might  not  be  taken  relative  to  his  intentions : 


MAXIMILIAN.  171 

"  QUEKETABO,  March  2d,  1867. 
"  MY  DEAR  MINISTER  : 

"  As  my  departure  for  Queretaro,  where  I  have  come 
to  place  myself  at  the  head  of  the  army  recently  formed, 
might  be  falsely  interpreted  by  persons  badly  disposed, 
in  the  country  as  well  as  out  of  it ;  and  as  my  reasons 
for  it  ought  to  be  known,  in  view  of  the  many  calum 
nies  which  our  enemies  propagate  with  so  much  promp 
titude  upon  the  conduct  of  our  Government,  I  am  of 
opinion  that  it  is  necessary  to  make  some  brief  observa 
tions,  which  may  serve  as  explanations,  and  also  as  a 
rule  of  conduct  in  the  difficult  circumstances  through 
which  we  are  passing. 

"  The  programme  which  I  adopted  in  Orizaba,  after 
having  heard  the  frank  and  loyal  opinion  of  the  consul 
tative  bodies  of  State,  has  not  been  changed  a  particle. 
My  prevailing  thought  continues  to  be  the  calling  of  a 
Congress,  which  I  always  thought  to  be  the  only  means 
of  founding  the  future  on  a  durable  basis,  and  to  form  a 
point  of  cohesion  where  may  be  united  successively  all 
the  parties  which  now  cause  the  ruin  of  our  unfortunate 
country. 

"  I  have  not  wished  to  emit  this  idea  of  a  Congress 
(which  I  have  always  supported  since  my  arrival  in  this 
country),  until  there  would  be  a  security  that  the  repre 
sentatives  could  assemble  free  from  exterior  influence. 
During  all  the  time  that  the  French  maintained  under 
their  authority  the  Central  provinces,  it  was  impossible 
to  assemble  a  Congress  which  could  have  deliberated 
freely.  My  trip  has  hastened  the  withdrawal  of  the 
troops  of  the  Intervention,  and  thus  the  time  has  arrived 
when  I  am  able  to  express  myself  openly  upon  the 
thought  of  a  constituent  Congress.  The  best  proof  that 
I  was  not  able  to  make  this  resolution  before  is,  the  sad 
opposition  which  I  met  with  in  the  French  authorities, 
when  I  mentioned  it  on  their  departure. 


172  MAXIMILIAN. 

"A  Congress  elected  by  the  nation,  a  real  expression 
of  the  majority,  with  full  powers  to  work,  and  a  com 
plete  liberty  to  deliberate,  is  the  only  possible  means  of 
terminating  the  civil  war,  and  of  stopping  the  effusion  of 
blood  so  prolonged.  As  Sovereign  and  Chief,  called 
by  the  nation,  I  shall  submit  with  pleasure  to  their  will, 
having  the  most  ardent  desire  to  terminate  promptly 
this  desolating  struggle. 

"  I  have  done  more,  even.  I  have  communicated  per 
sonally  with  the  chiefs  who  pretend  to  fight  in  the  name 
of  liberty  and  of  the  principles  of  progress,  to  induce 
them  to  submit  themselves,  as  I  have  the  intention  of 
doing,  to  the  national  vote.  What  has  been  the  result 
of  these  negotiations  ?  Those  men  who  invoke  progress 
have  not  wished,  or  have  not  dared  to  accept  that  judg 
ment.  They  have  responded  to  me  by  ordering  loyal 
and  distinguished  citizens  to  be  executed ;  they  have  re 
pulsed  the  fraternal  hand  which  was  extended;  they 
have  worked  as  blind  partisans,  who  know  no  other 
means  of  governing  but  the  sword. 

"  Where  then  is  the  national  will  ?     Oa  the  side  of  ( 
whom  exists  the  desire  of  true  liberty  ?     Their  only  <^ 
excuse  is  in  their  blindness.  | 

"  It  is  impossible  for  us  to  rely  on  such  men,  and  our    ' 
duty  is  to  work  with  the  greatest  energy  to  restore  the 
liberty  of  the  people,  so  that  they  may  express  volun 
tarily  their  will. 

"  This  is  the  reason  why  I  have  hastened  to  come  here, 
in  order  to  try  all  means  to  establish  order,  peace,  and 
to  prevent  another  and  more  terrible  foreign  intervention 
in  this  country.  The  French  bayonets  have  marched ; 
it  is  necessary  then  to  impede  the  action  of  every  in 
fluence  which  directly  or  indirectly  might  threaten  our 
independence  and  the  integrity  of  our  territory. 
£  "In  this  moment  our  country  is  for  sale  at  public 
auction. 


MAXIMILIAN.  173 

"  It  is  necessary  to  employ  all  the  means  possible  to 
free  us  from  a  situation  so  critical,  and  to  place  Mexico 
safe  from  every  oppression,  come  whence  it  may. 

"In  a  word,  the  Rational  Congress  wjll  determine 
uj3on__the  destinies  of  Mexico — also  upon  the  institutions 
that  it  may  see  proper  to  establish,  which  may  exceed 
the  present  form  of  government  ;Tand  if  this  Assem 
bly  cannot  be  invoked,  because  we,  who  wished  to  call 
it,  have  succumbed  in  the  struggle,  the  opinion  of  the 
world  will  do  us  justice  at  least,  and  will  acknowledge 
that  we  were  the  true  defenders  of  the  nation,  that  we 
have  never  sold  the  territory  of  the  nation,  that  we  have 
tried  to  save  it  from  a  second  and  oppressive  interven 
tion,  and  that  we  have  sincerely  used  all  our  efforts 
in  order  that  the  principle  of  national  suffrage  might 

^triumph,  j 

"  MAXIMILIAN." 

The  foregoing  letter  is  another  proof  of  the  Emperor's 
desire  to  ascertain,  and  to  be  governed  by,  the  will  of 
the  Mexican  people. 

The  Liberals,  under  Escobedo,  attacked  the  city  of 
Queretaro,  on  the  14th  of  March,  with  a  superior  force 
of  nearly  thirty  thousand,  while  that  of  Maximilian 
numbered  less  than  nine  thousand.  The  Emperor,  on 
that  day,  saw  not  a  moment's  rest.  lie  was  in  the  sad 
dle  during  the  engagement,  riding  here  and  there,  where 
danger  was  greatest,  and  where  observation  was  most 
needed.  He  never  seemed  to  think  of  personal  dan 
ger;  the  defeat  of  the  enemy  was  uppermost  in  his 
mind ;  and  that  was  the  result  of  the  action,  although 
accompanied  by  a  loss  on  his  part  of  about  two  hundred 
killed  and  three  hundred  wounded. 

After  that  battle,  he  moved  his  quarters  into  the 
church  called  La  Cruz.  The  comforts  of  life  he  aban 
doned.  In  fact,  many  of  his  officers  had  better  rooms 


MAXIMILIAN. 

and  food  than  lie.  His  new  apartments  were  a  room 
of  about  twelve  feet  by  eighteen;  and  another  one 
adjoining  for  his  servant.  The  furniture  that  adorned 
his  place  of  rest  was  composed  of  a  camp-bed,  two 
common  tables,  and  six  camp-chairs.  Most  officers  of 
the  rank  of  captain  would  not  have  considered  such 
quarters  as  suitable  even  for  them,  in  a  city  where  ele 
gant  apartments  could  have  been  obtained  by  a  written 
order  from  His  Majesty.  But  that  position  was  consid 
ered  the  best  for  observation ;  and  to  be  there  day  and 
night,  was  viewed  by  His  Majesty  as  extremely  import 
ant.  Inconveniences  and  the  want  of  present  comforts 
were  considerations  that  did  not  trouble  him. 

His  men  saw  no  evidence  that  he  was  not  willing  to 
share  hardships  and  deprivations  equally  with  them. 
He  looked  upon  it  as  a  joint  cause :  the  salvation  of  the 
army  was  his  own  success. 

On  the  22d  of  March,  General  Marqnez.  loft,  Queretaro, 
with  orders  from  the  Emperor  to  march  with  his  thou 
sand  mounted  men,  selected  for  that  purpose,  to  the  city 
of  Mexico,  to  obtain  a  re-enforcement  of  men  and  procure 
provisions  and  munitions  of  war — and  to  return  within 
fifteen  days :  if  there  were  not  men  enough  to  hold  the 
city  of  Mexico,  and  also  increase  his  force  sufficiently 
for  the  defence  of  Queretaro,  to  abandon  Mexico,  and 
return  to  the  latter  city  with  all  the  men  he  could  raise. 
Such  a  concentration  of  the  Imperial  forces  at  Queretaro 
would  have  saved  the  Emperor,  and  probably  destroyed 
the  army  of  Escobedo.  * 

The  Emperor  conferred  upon  Marquez  the  title  of 
Lugar  Teniente,  which  is  usually  translated  "  Lieuten 
ant-  General"  but  which  means  something  more.  Such 
an  officer  takes  the  place  of  the  Emperor,  with  full  power 
to  act  as  he  sees  proper.  Tithe  Emperor  deemed  it  im 
portant  to  place  unlimited  power  in  Marquez,  in  order 
to  carry  out  his  plans.  It  was  an  unfortunate  selection 


MAXIMILIAX.  1 75 

on  the  part  of  His  Majesty,  of  a  commander  for  such  a 
duty ;  and  it  has  been  cited  as  an  instance  of  his  erring 
judgment  as  to  human  nature.^ Whether  the  Emperor 
did  honor  Marquez  with  the  above-mentioned  title,  has 
been  seriously  doubted.  When  the  latter  arrived  in  the 
city  of  Mexico,  he  exhibited  his  authority  to  act  in  that 
capacity;  but  the  question  as  to  its  genuineness  was 
raised  in  the  minds  of  many.  I  was  informed  of  the 
fact  of  the  appointment  by  His  Majesty's  secretary,  who 
said  he  himself  drafted  the  order  empowering  Marquez 
thus  to  act.  And  as  I  suggested  to  him  the  importance 
of  knowing  the  truth,  I  cannot  have  any  suspicions  of 
the  authenticity  of  Marquez's  title  of  Lugar  Teniente. 
The  latter  evidently  abused  his  power— acted  far  beyond 
what  justice  and  honor  would  dictate,  and  much  to  the 
regret  of  and  injury  to  Maximilian. 

On  the  27th  of  March  the  Emperor  attacked  the  en 
emy,  captured  two  pieces  of  artillery,  and  nearly  two 
hundred  prisoners.  He  was  on  the  lield  in  person,  urg 
ing  on  his  men  with  great  enthusiasm.  Where  the  balls 
fell  the  thickest,  there  he  was  found  doing  duty.  His 
loss  was  quite  small. 

Marquez  did  not  obey  ordeiu  After  reaching  Mexico, 
and  increasing  his  forces  to  four  thousand,  eight  hundred 
of  which  were  European  soldiers,  he  advanced  slowly  on 
Diaz,  who  was  besieging  Puebla.  That  city  was  then 
held  by  about  three  thousand  Imperial  troops.  Diaz  had 
nearly  fifteen  thousand  men. 

It  was  the  hope  of  Marquez  that  Diaz  would  sally  out 
and  open  an  engagement  with  him,  -which  would  have 
relieved  the  Imperial  force  within  Puebla.  General  Diaz 
was  short  of  the  munitions  of  war,  and  he  viewed  an 
attack  by  him  upon  Marquez  as  extremely  hazardous. 
He  also  considered  inaction  on  his  part  equally  danger 
ous.  He  therefore  saw  no  probable  chance  for  success 
but  in  an  attempt  to  storm  the  city  of  Puebla,  which  he 


MAXIMILIAN". 


did  on  the  second  of  April,  in  the  morning  early,  with  a 
force  of  eight  thousand,  lie  was  soon  in  possession  of 
the  city,  although  meeting  with  a  considerable  loss  on 
his  pan. 

Some  of  the  prisoners  which  he  there  captured  were 
wheeled  into  his  own  ranks  ;  and  he  hurriedly  prepared 
to  follow  Marquez.  On  the  fourth  of  April  he  sent  out 
three  thousand  cavalry  under  General  Toro,  who  met 
Marquez  on  the  sixth,  at  the  Hacienda  de  San  Diego  de 
Notario,  about  fifteen  miles  from  Apizaco.  General 
Toro  formed  for  battle  on  a  not  very  advantageous 
ground,  the  place  being  surrounded  nearly  by  ravines. 
He  brought  on  an  engagement  with  ill  success.  The 
first  charge  of  Marquez  sent  his  men  flying  in  confusion, 
who  were  only  saved  by  the  force  of  General  Leva,  who 
attacked  the  left  flank  of  Marquez. 

The  Liberals  drew  off  and  re-formed  within  three 
or  four  hours  thereafter.  Marquez  retreated  toward 
Apizaco. 

At  half-past  three  he  was  discovered  moving  on  the 
left  flank  of  the  enemy,  and  in  half  an  hour  he  was  in 
front  disputing  his  passage. 

General  Leva  formed  three  thousand  cavalry  in  line 
of  battle,  himself  commanding  on  the  right.  His  centre 
rested  on  a  hill.  His  cavalry  were  ordered  to  dismount. 
Marquez  charged  up  the  hill,  and  the  Liberals  fell  back 
seven  leagues  to  Piedra  Negra,  where  they  rested  all 
night. 

The  next  day,  Diaz  having  arrived,  went  out  with  his 
full  force  of  over  twelve  thousand  men  near  Apam, 
formed  in  line  of  battle,  and  advanced  in  that  form  five 
leagues. 

On  the  eighth,  at  four  and  a  half  o'clock,  he  halted. 
His  cavalry  horses  were  then  double-mounted,  by  pla 
cing  one  of  the  infantry  behind  each  horseman.  Six  thou 
sand  men  thus  mounted  advanced  on  a  walk,  as  the  roads 


MAXIMILIAN1.  177 

were  wet  and  bad,  Light  mountain-pieces  were  mounted 
on  mules.  At  six  o'clock,  in  sight  of  San  Lorenzo,  Diaz 
formed  in  line  of  battle  ;  and  with  four  pieces  of  artil 
lery  he  pushed  on  rapidly  to  engage  the  enemy's  right 
flank.  Diaz  carried  the  position.  He  formed  a  line  of 
battle  around  the  Hacienda  of  San  Lorenzo,  and  gave 
orders  for  the  men  to  be  ready  at  half-past  four  the  next 
morning, — thinking  that  the  enemy  could  not  get  away 
in  the  night,  and  that  the  following  day  would  be  a  vic 
torious  one  for  him.  The  morrow  came  and  found  Mar- 
quez  and  his  force  absent  and  out  of  sight.  Diaz  fol 
lowed  on  with  cavalry  at  a  gallop.  Marquez  came  to  a 
broken  bridge,  and  not  having  sufficient  time  to  repair 
it,  ran  his  artillery  into  the  ravine,  and  there  abandoned 
it.  He  had  placed  his  European  troops  in  the  rear,  and 
the  cavalry  of  Diaz  never  but  once  approached  within 
pistol-shot  of  them.  The  foreign  soldiers  retreated  in 
excellent  order,  losing  but  a  few  killed,  and  a  few  who 
were  taken  prisoners  from  weakness  and  sickness,  which 
prevented  their  keeping  up  with  the  command.  Mar 
quez,  however,  with  a  small  escort,  soon  deserted  his 
men,  and  went  flying  back  to  the  Capital  like  a  coward. 
There  was  a  narrow  passage  in  the  road  where  he  could 
have  held  the  enemy  in  check,  but  his  cowardice  would 
not  permit  the  attempt.  He  afterward  assumed  com 
mand  in  the  Capital,  where  he  remained  until  that 
city  also  fell  into  the  hands  of  the  Liberals.  His 
force  followed  after  him,  reaching  the  city  a  few  days 
later. 

Marquez  considered  it  of  the  utmost  importance  to 
hold  the  large  and  opulent  city  of  Puebla,  if  possible ; 
but  his  force  was  inadequate  to  make  an  attack  upon 
Diaz.  If  Diaz  had  had  sufficient  ammunition  (his  want 
of  which  was  unknown  to  Marquez),  he  could  have  en 
gaged  Marquez,  and  considering  his  men  equal,  the  prob 
ability  was,  he  could  have  conquered  ;  while  at  the  same 

8* 


178  MAXIMILIAN. 

time  his  remaining  forces  would  have  been  able  to  sup 
port  and  hold  good  the  siege  of  Puebla. 

I  apprehend  the  soldier  may  question  Marquez's  wis 
dom,  under  the  circumstances,  in  disobeying  the  order 
of  the  Emperor. 

On  the  14th  of  April,  the  Emperor's  forces  in  Queretaro, 
numbering  but  little  over  six  thousand,  made  a  sortie, 
took  nineteen  guns  and  six  hundred  prisoners,  with  a 
loss  of  a  very  small  number.  At  that  battle,  the  Em 
peror  was  also  at  the  post  of  danger. 

This  action  produced  great  havoc  and  consternation 
among  the  enemy.  He  was  routed  at  all  points.  The 
opportune  arrival  of  General  Trevifia,  with  a  cavalry  re- 
enforcement  of  five  thousand,  prevented  a  general  rout 
of  the  enemy.  In  order  to  prevent  a  complete  stampede 
of  the  Liberals,  the  force  under  General  Treviila  was 
employed  in  surrounding  the  scattered  regiments,  that 
hardly  knew  which  way  to  go,  or  where  or  when  to 
stop. 

It  is  difficult  to  say  what  force  the  Liberals  had  in  that 
action.  It  has  been  estimated  from  seventeen  to  thirty 
thousand.  They  made  no  morning  or  monthly  reports 
of  their  number. 

Even  with  this  re-enforcement,  the  Liberals  felt  no  in 
clination  to  renew  the  engagement ;  but  were  content 
to  exercise  their  ingenuity  and  skill  in  checking,  in  some 
degree,  the  wild  fury  and  the  escape  of  a  completely 
disorganized  army. 

On  the  morning  of  that  day,  before  the  attack,  every 
thing  was  in  readiness  for  a  final  departure  from  that 
city,  with  all  the  Imperial  forces.  But  on  reviewing 
that  brilliant  victory,  His  Majesty  saw  that  he  enjoyed 
a  more  signal  triumph  than  he  or  his  officers  had  antici 
pated, — far  greater  than  they  believed  possible,  when 
they  considered  the  numerical  superiority  of  their  ad 
versaries. 


MAXIMILIAN.  179 

His  Majesty,  flushed  and  animated  with  the  victory 
his  daring  blow  had  produced,  reconsidered  his  opinion 
of  the  morning,  and  resolved  to  remain  longer  in  that 
city,  and  save  its  inhabitants  from  what  they  believed 
to  be  a  plundering  and  sacking  party.  The  number  of 
foreigners  in  the  Emperor's  service  there  did  not  num 
ber  over  two  hundred,  all  told.  But  his  men  were 
better  officered  and  better  drilled  than  the  opposing 
army. 

As  General  Marquez  had  not  made  his  reappearance 
in  Queretaro,  according  to  the  Emperor's  positive  in 
structions,  and  more  than  ten  days  had  elapsed  since  his 
contemplated  arrival,  the  Emperor  was  quite  uneasy, 
and  harbored  grave  misgivings  as  to  the  real  intent  of 
Marquez.  Consequently,  with  a  view  of  ascertaining 
the  true  condition  of  the  Capital  and  the  movements  of 
Marquez,  His  Majesty,  on  the  17th  of  April,  issued  or 
ders  to  Prince  Salm  Salm,  requiring  him  to  leave  for 
Mexico,  in  pursuit  of  Marquez,  and  to  obtain  full  infor 
mation  as  to  the  situation  of  affairs ;  to  tell  Marquez,  in 
the  name  of  the  Emperor,  to  bring  all  of  his  forces 
forthwith  to  Queretaro,  and,  if  necessary,  to  give  up  the 
Capital :  and  that  if  Marquez  should  refuse  to  comply  with 
these  commands,  then  the  Prince's  order  was  to  arrest 
him,  and  to  hasten  back  to  Queretaro  with  him  and  the 
cavalry,  particularly  with  the  Hussars.  At  twelve 
o'clock  that  night,  the  Prince,  with  five  hundred  men, 
sallied  out,  and  advanced  about  one  half  of  a  league, 
when  he  was  attacked,  and  wounded  by  a  shot  in 
his  left  foot,  though  not  seriously.  His  intention  was 
to  take  the  Cerro  Gordo  ,road.  But  on  examining 
the  position  and  number  of  the  enemy,  from  whom  he 
was  receiving  a  heavy  fire,  near  the  Campana,  from  ar 
tillery  and  cavalry,  he  saw  that  it  was  impossible  to 
break  his  lines,  and  therefore  returned  into  the  city, 
withput  making  another  attempt.  The  enemy  was  so 


1 80  MAXIMILIANS 

strong,  that  a  sortie,  with  a  small  number  of  men,  was 
but  a  wraste  of  force,  material,  and  time. 

The  Imperialists  made  an  unsuccessful  attack  on  the 
1  st  of  May,  retreating  with  a  small  loss.  It  was  said 
that  the  blame  was  due  to  Miramon.  Their  number  did 
not  exceed  five  thousand,  while  the  Liberals  were  twenty- 
five  thousand  strong. 

Immediately  after  a  battle,  the  Emperor  would  visit 
the  hospitals  in  person,  seeing  every  sick  and  wounded 
man,  inquiring  of  him  how  he  felt,  how  he  was  treated,  and, 
as  he  parted,  a  kind  word  of  hope  fell  from  his  lips.  This 
visit  was  daily  made  for  several  days  following  a  battle, 
and  never  more  than  three  or  four  days  passed  without 
his  visiting  them.  He  gave  each  widow  of  his  deceased 
soldiers,  who  was  there  to  receive  it,  ten  dollars  out  of 
his  private  funds,  as  long  as  they  lasted.  He  also  paid 
visits  to  the  prisoners,  not  passing  one  without  speaking 
to  him. 

He  was  not  unmindful  of  those  who  had  rendered  him 
important  service.  Mr.  Edwin  R.  Wells,  from  Texas, 
formerly  from  New  York,  who  had  paid  some  attention 
to  medicine  and  surgery,  though  not  a  physician, 
made  himself  exceedingly  useful  in  the  hospitals.  He 
received  some  poisonous  matter  in  his  finger,  and  came 
near  losing  his  hand  while  thus  employed.  His 
Majesty  did  not  forget  him.  On  the  22d  of  March  he 
bestowed  upon  him  a  gold  medal  of  the  Order  of 
Guadalupe. 

The  Emperor  kept  no  carnage  in  Queretaro.  He  rode 
on  horseback.  Frequently  he  would  go  on  foot  to  visit 
the  different  posts.  Many  mornings  he  was  observed 
returning  on  foot,  between  six  and  seven  o'clock,  having, 
at  that  early  hour,  visited  all  the  outposts.  He  super 
intended  the  placing  of  nearly  all  of  the  batteries,  sighted 
the  guns,  and  saw  that  all  the  requisite  work  was  done. 
He  wore  a  broad-brimmed  Mexican  white  hat,  high  mili- 


MAXIMILIAN.  181 

tary  boots,  and  a  white  blouse,  generally,  in  going  the 
rounds. 

He  retired  and  rose  early.  He  took  exercise  every 
day.  If  he  deemed  it  unnecessary  to  visit  in  person  the 
different  batteries  every  morning,  he  walked  at  sunrise 
one  hour  in  the  square  in  front  of  the  church  La  Cruz. 
He  likewise  performed  the  same  exercise  at  sunset,  in 
the  same  location.  Usually,  on  those  daily  walks,  he  was 
attended  by  his  secretary,  or  one  of  his  aid-de-camps. 
When  thus  promenading  he  was  not  unfrequently  ac 
costed  by  some  one  who  had  some  complaint  to  make, 
or  some  favor  to  solicit.  Were  they  rich  or  poor,  high 
or  low,  he  never  turned  a  deaf  ear,  but  most  patiently 
listened,  and  clothed  his  answers  in  kind  words.  In 
order  that  the  matter  should  not  be  forgotten,  he  would 
order  his  secretary  or  aid-de-camp  to  enter  the  matter 
in  a  memoradum-book.  He  never  failed  to  examine 
the  complaints  and  requests,  giving  them  due  consid 
eration. 

Whoever  desired  an  audience  with  him  could  obtain 
it,  when  he  was  not  otherwise  occupied.  When  saluted, 
he  bowed,  however  humble  the  individual  whence  came 
the  salutation.  His  disposition  was  such,  that  mildness 
and  gentleness  were  his  natural  elements. 

Whatever  lofty  ideas  of  Imperial  prerogative  he  may 
have  imbibed,  in  unison  with  other  sovereign  heads,  a 
violation  of  the  right  of  petition  could  hardly  be  im 
puted  to  him.  The  sincerity  of  his  professions  and 
declarations  was  among  his  shining  qualities.  One  was 
more  inclined  to  look  upon  him  as  a  President  than  an 
Emperor. 

The  tower  on  La  Cruz  church  was  His  Majesty's  ob 
servatory,  until  it  became  too  dangerous.  Near  the 
close  of  the  siege,  General  Escobedo's  guns  were  nearly 
opposite,  scarcely  a  mile  distant,  and,  in  fact,  some  were 
within  six  hundred  yards.  General  Escobedo  having 


IB  2  MAXIMILIAN. 

ascertained  that  the  tower  was  the  point  of  observation, 
did  not  fail  to  have  guns  bearing  directly  upon  it  con 
tinually.  No  person  could  place  himself  within  that 
tower  without  being  immediately  discerned  through  the 
spyglass  of  Escobedo.  On  one  occasion  the  Emperor 
and  five  of  his  officers  were  in  the  tower,  making  close 
observations ;  suddenly  there  came  a  shell,  which  fell  in 
their  midst,  bursting,  and,  most  miraculously,  killing  no 
one,  but  wounding  very  slightly  one  of  the  officers. 
After  that  it  was  walled  up,  and  no  more  views  taken 
therefrom. 

About  the  1st  of  May,  it  was  quite  apparent  that 
great  suffering  among  the  poor  was  near  at  hand  on  ac 
count  of  the  scarcity  of  edibles.  His  Majesty  therefore 
issued  an  order  that  persons  who  had  large  stocks  of 
provisions  should  sell  them  at  reasonable  rates,  so  that 
they  would  be  within  the  reach  of  the  poorer  classes. 
The  order  contained  the  prices  which  specified  articles 
should  not  exceed. 

After  that  date  the  army  learned  the  flavor  of  horse 
and  mule  meat.  Whether  the  latter  was  as  refractory 
in  mastication  as  it  generally  is  in  the  harness,  is  a  sub 
ject  upon  which  I  received  no  information. 

Had  the  name  been  unknown  to  them,  doubtless  a  fat 
horse-steak  would  have  been  more  palatable  than  poor 
beef.  About  the  tenth  of  the  month,  the  citizens  were 
reminded  of  the  fact,  that  they  would  be  no  longer  the 
recipients  of  animal  food,  unless  they  too  could  relish 
the  viands  taken  from  the  flesh  of  the  same  class  of  four- 
footed  beasts.  The  Emperor  fared  no  more  sumptuous 
ly  than  the  rest.  He  was  favored  with  the  same  elegant 
and  rare  dishes.  ^E  very  action  and  move  he  made  there 
-^proved  him  to  be  quite  as  democratic  as  any  one  who 
was  nursed  in  republicanism^ 

Both  the  political  and  military  condition  of  the  Em 
pire  had  attained  that  state  in  which  everything  was 


MAXIMILIAN.  183 

viewed  through  the  greatest  doubt ;  and  as  Maximilian 
was  in  the  field  in  person,  there  was  no  certainty  among 
the  chances  of  war  that  he  might  not  some  day,  not  far 
distant,  be  found  among  the  fallen.  He  deemed  it  re 
quisite  to  be  prepared  to  meet  such  emergencies  as  were 
within  the  range  of  possibilities.  He,  therefore,  on  the 
lltjuif  April,  created  a  Regency,  by  a  decree  to  take 
effect  in  case  of  his  death.  That  decree  is  in  the  follow 
ing  words : 

"Maximilian,  Emperor.  Considering  that  if  Our 
death  should  happen,  the  Government  of  the  Empire 
would  be  without  a  head,  on  account  of  the  absence 
of  its  Regent,  Our  august  spouse,  the  Empress  Car- 
lota: 

"  Considering  that,  in  order  to  obviate  such  a  misfor 
tune,  and  to  procure  on  Our  part  the  well-being  of  the 
Mexican  nation,  even  after  Our  death,  it  is  indispensable 
to  leave  a  Government  which  the  nation  may  recognize 
as  the  head  of  the  Union : 

"  Considering  that,  in  the  mean  while,  if  this  nation,, 
through  the  means  of  its  Congress,  freely  convoked  and 
assembled,  should  not  declare  the  form  of  government 
which  it  will  adopt,  the  present  one  will  exist — which  is 
the  monarchy;  and  therefore,  in  case  of  Our  non-ex 
istence,  the  government  ought  to  be  deposited  in  a 
Regency : 

"  We  decree : 

"  ART.  1.  In  case  of  Our  death,  D.  Teodosio  Lares, 
D.  Jose  M.  Lacunza,  and  General  D.  Leonardo  Marquez, 
will  be  the  Regents  of  the  Empire. 

"ART.  2.  The  Regency  will  govern  in  subjection  to 
the  Organic  Statute  of  the  Empire. 

"ART.  3.  The  Regency  will  call  a  Congress,  which 
must  definitely  establish  the  nation,  as  soon  as  the  war 
may  be  determined  either  by  arms  or  armistice.  The 


1 84  MAXIMILIAX. 

free  and  legitimate  election  and  meeting  of  that  con 
stituent  body  shall  take  place. 

"ART.  4.  After  the  instalment  of  Congress,  the  Re 
gency  will  cease,  terminating,  with  that  act,  the  power 
which  We  confer  upon  it  by  this  decree. 

"  Our  Minister  of  Public  Instruction  and  Worship  is 
charged  to  make  known  this  decree  to  the  Regents 
whom  We  have  appointed,  in  case  of  Our  death. 

"  Given  in  Queretaro,  May  llth,  1867." 

On  the  morning  of  the  13th,  preparations  were  going 
on  for  a  final  departure  that  night,  but  as  the  three 
thousand  citizens  who  were  to  have  been  armed,  had  not 
that  day  received  their  implements  of  warfare,  the  move 
ment  was  postponed.  The  following  morning,  General 
Miramon  consulted  the  Emperor  as  to  the  propriety  of 
leaving  that  night.  Their  views  coincided  in  favor  there 
of,  but  the  latter  desired  first  to  hold  a  council  of  gen 
erals  and  to  discuss  the  mode  of  procedure.  The  council 
having  assembled,  discussed  the  matter,  and  decided  to 
leave  that  night  at  eleven  o'clock.  General  Miramon, 
accordingly,  notified  the  chiefs  of  the  different  corps  to 
appear  at  his  quarters,  which  was  done ;  whereupon  he 
advised  them  of  the  intended  departure.  He  also  noti 
fied  Colonel  Gonzalez,  commander  of  the  Regiment  of 
the  Empress,  that  that  regiment  had  been  detailed  as  a 
special  escort  to  the  Emperor. 

About  the  time  for  the  move,  on  the  night  of  the  14th, 
it  appeared  that  only  twelve  hundred  of  the  new  volun 
teers  had  received  their  arms  ;  in  consequence  of  which, 
some  of  the  generals  were  in  favor  of  another  delay. 
And  besides,  General  Mendez  had  sent  Colonel  Redonet 
with  a  petition  to  the  Emperor,  asking  a  delay  for  an 
other  day,  saying  that  he  was  quite  unwell,  and  that  he 
wished  to  command  in  person  his  old  brigade,  in  which 
he  had  great  confidence ;  and  that  if  His  Majesty  would 


MAXIMILIAN.  185 

make  the  concession,  lie,  Mendez,  would  be  responsi 
ble  for  a  safe  exit.  In  view  of  the  foregoing  facts,  the 
Emperor  called  Generals  Miramon  and  Castillo  for  an 
other  council,  when  it  was  determined  to  positively  leave 
the  next  night  at  twelve  o'clock.  General  Miramon 
notified  the  chief  officers  to  remain  quiet  until  further 
orders. 

The  west  side  of  the  city,  where  the  forces  of  General 
Corona  were  stationed,  was  considered  the  best  point  011 
which  to  centre  the  whole  body  of  men  in  making  the 
sortie. 

At  the  Imperial  headquarters,  staiF  department,  or 
ders  were  issued  by  General  Castillo,  secretly  and  ver 
bally,  to  the  various  officers  of  the  army  to  be  ready  for 
action  at  the  time  designated.  No  fires  were  to  be 
lighted,  and  strict  silence  was  to  prevail. 

The  infantry  were  to  carry  nothing  but  their  blankets 
and  tin  pots.  All  of  the  cannon  on  the  fortress  of  the 
Campana  were  to  be  spiked,  and  the  magazines  to  be 
flooded.  The  light  mountain-pieces  of  eight  and  ten 
pounders  were  to  be  dismounted  and  packed  on  mules, 
together  with  light  supplies  of  grape  and  canister. 

The  men  were  ordered  not  to  burden  themselves  with 
anything  not  actually  necessary,  or  that  might  be  disad 
vantageous  in  a  forced  march,  which  it  was  anticipated 
they  would  be  compelled  to  make  through  the  defiles 
and  mountain  gorges  of  the  Sierra  Gorda.  That  route, 
with  light  accoutrements,  would  have  defied  the  rapid 
pursuit  of  the  enemy. 

General  Mejia  had  armed  twelve  hundred  citizens  of 
Queretaro,  who  were  ordered  to  remain  behind  to  pro 
tect  the  city  and  to  keep  order.  They  were  further  or 
dered  to  surrender  to  General  Escobedo  at  discretion,  at 
any  time  they  should  think  proper,  provided  they  first 
allowed  twenty-four  hours  to  pass  after  the  evacuation. 

Complete  orders  having  been  issued,  and  all  arrange- 


»  MAXIMILIAN. 

mcnts  having  been  made  in  accordance  with  the  pro 
jected  plan,  the  Emperor  retired.  His  accustomed  hour 
was  eight  o'clock,  but  the  business  of  that  eventful 
night  extended  his  hour  of  slumber  until  a  quarter  past 
one  o'clock. 

Prince  Salm  Salm  was  working  until  after  twelve 
o'clock  that  night,  arranging  the  Emperor's  archives, 
after  having  packed  them  the  day  before  into  small  can 
vas  sacks,  ready  to  be  strapped  to  the  escort  saddles. 

Many  of  the  men  occupied  a  short  time  in  writing  to 
their  relatives,  saying  a  parting  word  to  their  families 
and  friends.  As  lights  were  prohibited,  they  assisted 
each  other  by  smoking  cigarettes  close  to  the  paper. 
One  would  puff  his  exhilarating  \veed,  while  another 
would  scribble  a  few  words  by  the  glimmer  thereof. 

Between  one  and  two  o'clock,  the  traitor.  Colonel  Lo- 
j)£z,  who  had  previously  plotted  with  the  enemy  to  be 
tray  his  own  party,  silently  crept  out  of  his  quarters, 
and  threaded  his  way  through  the  dark  and  narrow 
streets  of  the  city,  in  pursuit  of  General  Escobedo.  He 
first  met  Colonel  Garza,  who  was  in  command  of  the 
advance  guard  of  the  enemy.  Garza  took  Lopez  to 
General  Veliz ;  the  latter  and  Lopez  went  to  see  Esco 
bedo  :  after  which  interview  the  two  returned  to  meet 
Garza.  General  Veliz  ordered  Colonel  Garza  to  take 
his  command  and  follow  Lopez,  who  guided  him  to  a 
hole  in  the  wall  near  the  church  called  La  Cruz.  Gen 
eral  Veliz  himself  proceeded  to  this  opening  in  the  wall, 
and  there  remained  for  a  while  ;  at  which  time  he  or 
dered  Colonel  Garza  to  proceed  further  under  the  gui 
dance  of  Lopez.  The  latter  was  the  officer  of  the  day. 
On  arriving  at  the  nearest  station  of  the  Imperial 
troops,  Garza's  command  halted.  Lopez  asked  an  Im 
perial  officer  if  there  were  any  news ;  to  which  the  lat 
ter  replied,  none.  Lopez  then  ordered  the  Imperial  offi 
cers  at  that  post  to  be  paraded,  and  that  the  roll  be 


MAXIMILIAN.  187 

called.  That  was  done,  the  officers  standing  up  in  a 
line.  Lopez  then  ordered  the  command  to  be  formed 
and  marched  to  the  rear  of  Garza's  forces,  leavin<>- 

O 

Garza  in  possession  of  that  post.  Lopez  immediately 
escorted  other  Liberal  officers  to  the  different  posts  un 
der  his  command,  in  order  that  the  same  plan  should  be 
executed,  until  the  enemy  had  possessed  themselves  of 
all  the  points  within  the  control  of  Lopez. 

When  the  Liberal  forces  entered  the  city,  quite  a  num 
ber  of  the  Imperial  officers  were  awake,  with  the  ex 
citement  of  the  expected  engagement,  and  were  cleaning 
their  arms  and  making  preparations  for  their  contem 
plated  departure.  As  they  saw  Col.  llincon's  regiment 
pass  their  bivouacks,  they  supposed  it  was  a  part  of  their 
own  forces  moving  toward  the  Casa  Blanca,  for  some 
reason  unknown  to  them,  before  the  designated  time. 
It  being  in  the  darkness  of  the  night,  and  the  dress  of 
the  two  armies  being  so  near  alike,  it  was  quite  diffi 
cult  to  distinguish  the  one  from  the  other. 

By  half-past   three   o'clock,   nearly   one   half  of  the 
city   was    in    the    almost    noiseless   possession    of  the 
Liberals.      Soon    thereafter   nearly   all  of  the    church 
bells  commenced,  almost   simultaneously,  to  ring  with  I 
great   force.  £^ The   Imperialists   were    much   confused.! 
Many  of  them  were  of  opinion  that  Marquez  had  arrived/ 
from  the  city  of  Mexico,  attacked  and  defeated  Escobedo  ?\ 
hence  the  great  rejoicing.     What  a  sad  deception  !  J       \ 

Commander  Yablonski,  an  adjutant  of  LorjeZj  was  in    j 
the  treasonable  plot  with  him  ;  but  he  did  not  wish  any    ' 
harm  to  fall  upon  the  Emperor.     He  went  to  the  room 
of  Don  Jose  Blasio,   Secretary  of  His  Majesty,  which 
was  in  the  convent  of  La  Cruz,  and  near  that  of  His 
Majesty,  and  awoke  him,  and  said,  "The  enemy  are  in 
the  garden ;  get  up  !"     Blasio  immediately  dressed  him 
self,  went  to  the  room  of  the  Emperor,  called  him,  and 
informed  him  of  the  condition  of  affairs.     He  then  noti- 


188  MAXIMILIAN. 

fied  Gen.  Castillo  and  Col.  Guzman,  who  roomed  to 
gether  ;  also  Prince  Salm  Salm  and  Col.  Pradillo, — all  of 
whom  were  in  that  convent  and  came  to  the  Emperor's 
room.  Colonel  Pradillo  informed  the  Emperor  that  the 
enemy  occupied  that  convent,  and  had  taken  eight  or 
ten  pieces  of  artillery  in  the  plaza  of  La  Cruz ;  and  that 
it  would  be  useless  to  attempt  to  defend  it.  The  Em 
peror  gave  Col.  Pradillo  one  of  his  pistols,  and  holding 
another  in  his  hand,  went  to  the  door,  followed  by  Pra 
dillo,  Prince  Salm  Salm,  and  Blasio,  and  then  said, 
"  To  go  out  here  or  to  die  is  the  only  way."  They 
crossed  the  corridor,  and  on  the  stairs  met  a  sentinel, 
who  ordered  them  to  go  back ;  but  an  officer  of  the 
Liberals,  said  to  be  Colonel  Rincon,  saw  them,  and  said 
to  the  sentinel,  "  Let  them  pass,  they  are  citizens."  As 
the  Emperor  and  party  advanced  a  little  further  into  the 
plaza,  they  were  met  by  a  party  of  Liberal  soldiers,  who 
were  about  to  stop  them,  when  Colonel  Itincon  came  up, 
.ind  said  to  the  soldiers,  "  Let  them  pass,  they  are  civil 
ians  !"  They  then  hurried  on  to  the  quarters  of  the 
"  Regiment  of  the  Empress,"  wThich  were  the  Emperor's 
escort,  and  ordered  them  to  prepare  and  mount,  and  to 
advance  with  all  speed  to  El  Cerro  de  las  .Campanas. 
In  the  mean  time  the  Emperor  said  to  Colonel  Pradillo, 
that  it  would  be  more  convenient  for  him,  the  Emperor, 
to  have  his  horse.  Pradillo  then  went  for  it.  The  Em 
peror,  Prince  Salm  Salm,  and  Blasio  immediately  pro 
ceeded  to  the  Departmental  palace,  where  Pradillo  soon 
met  them  with  the  Emperor's  horse.  General  Castillo 
had  just  met  them  also,  when  Lopez  came  riding  up  to 
them,  of  whom  His  Majesty  asked  what  was  going  on. 
He  replied,  "All  is  lost.  See,  your  Majesty,  the  enemy's 
force  is  coming  very  near !"  Just  then  a  body  of  in 
fantry  were  entering  the  plaza,  which  the  Emperor 
thought  were  of  his  own  army;  and  he  exclaimed, 
"  Thank  God,  our  battalion  of  Municipal  Guards  are 


MAXIMILIAN.  189 

coming."  One  of  his  officers  advanced  toward  them, 
and  ascertained  that  they  were  a  part  of  the  enemy,  and 
returned  to  notify  the  Emperor,  who,  with  his  little  party, 
started  again  ;  and  when  near  the  house  of  Seiior  llubio, 
Lopez  said  to  the  Emperor,  "Your  Majesty  ought  to 
enter  this  house  or  some  other,  as  it  is  the  only  way  to 
save  yourself."  The  Emperor  refused  to  do  so,  and  was 
determined  to  go  to  the  hill  (El  Cerro),  as  first  contem 
plated.  In  front  of  the  Casino,  they  met  Capt.  Jarero, 
Adjutant  of  Gen.  Castillo,  whom  the  Emperor  ordered 
to  notify  Gen.  Miramon  to  bring  all  the  force  he  could 
gather  to  El  Cerro  de  las  Campanas.  The  Emperor  was 
implored  by  Lopez  to  mount  the  horse  that  Avas  saddled  ; 
but  his  Majesty  refused  to  accept  of  that  comfort,  so 
long  as  Gen.  Castillo  and  his  other  surrounding  friends 
had  no  horses  to  ride  in  his  company.  They  all  pro 
ceeded  on  foot  to  El  Cerro.  When  they  reached  that 
position,  they  found  about  150  men  of  their  forces  there. 
Soon  the  Regiment  of  the  Empress  reached  them.  His 
Majesty  was  anxiously  waiting  the  arrival  of  General 
Miramon,  and  frequently  remarked,  "  See  if  he  cannot 
be  distinguished  in  the  crowd  that  is  coming."  General 
Mejia  had  rallied  a  few  men  in  the  plaza  del  Ayunta- 
miento,  and  rushed  on  to  El  Cerro. 

General  Mendez  was  surprised  in  the  Alameda,  and 
surrounded.  He  opened  fire  on  the  enemy,  which  was 
returned.  His  men  were  cut  down  rapidly ;  but  he  tried, 
notwithstanding  the  havoc  made  among  his  men,  to  rally 
them,  with  a  view  of  cutting  his  way  through  the  enemy's 
lines  to  the  convent  of  La  Cruz,  to  save  the  Emperor. 
The  enemy's  force  met  him  on  another  point,  and  being 
between  two  fires,  his  men  falling  rapidly,  he  surren 
dered  at  half-past  five.  He  was  shot  the  next  day  at 
six  in  the  morning. 

General  Miramon,  awakened  by  the  ringing  of  the 
bells,  rushed  down,  with  an  aid-de-camp,  into  the  street, 


190  MAXIMILIAN. 

was  surrounded  by  soldiers  whom  he  took  to  be  his  own 
men,  and  told  them  that  he  was  General  Miramon.  An 
officer  on  horseback  fired  at  him,  and  he  received  the 
ball  in  his  cheek.  He  returned  the  shot,  and  a  running 
light  ensued  along  the  street.  Finally,  he  saw  a  door 
ajar ;  he  entered  the  house,  which  he  learned  was  that  of 
Dr.  Samaniegos,  who  hid  him,  as  he  was  weak  from  loss 
of  blood.  The  owner  of  the  house  rushed  into  the 
street,  met  a  party  of  Liberals,  and  informed  them  that 
he  had  captured  Miramon.  After  the  Liberal  force  had 
discovered  him,  they  tied  him,  dragged  him  away,  and 
placed  him  in  the  convent  of  Terrecitas. 

For  nearly  half  an  hour  after  the  arrival  of  the  Em 
peror  and  his  small  force  at  El  Cerro  de  las  Campanas, 
a  fire  from  two  different  batteries  of  the  Liberals,  that 
of  San  Gregorio  and  the  one  at  the  garita  of  Celaya, 
poured  their  shot  in  that  direction. 

The  Emperor,  considerably  excited,  exclaimed  in  Ger-l 
man  to  Prince  Salm  Salm,  "  Oh,  Salm,  how  much  wouldl 
I  give  now  for  a  friendly  shell !"  wishing  that -one-' might 
end  his  life.  _; 

When  Colonel  Gonzales  reported  the  arrival  of  his 
regiment  to  the  Emperor,  and  that  Miramon  was  wounded, 
the  Emperor  took  Castillo  and  Mejia  one  side,  and  asked 
them  if  it  were  possible  to  break  the  lines  of  the  enemy. 
Mejia  took  his  glass  and  surveyed  quite  accurately  the 
position  of  the  enemy,  and  then  replied  to  His  Majesty, 
"  Sire,  it  is  impossible  ;  but  if  Your  Majesty  orders  it^we 
will  try  it :  for  my  part,  I  am  ready  to  die."^B}s 
jesty  immediately  took  Colonel  Pradillo.  by  the  arm, 
and  said,  "It  is  necessary  to  makfeajjiuck  determination, 
in  order  to  avoid  greater  misfortunes."  He  then  put  up 
A  a  white  flag  on  the  fort  on  the  hill,  and  ordered  Colonel 
Ppidillo  and  Ramirez  to  go  and  have  an  interview  with 
General  Escobedo  upon  the  following  basis:  "First, 
that  if  he  wished  another  victim,  he  could  take  him, 


/ 


MAXIMILIAN.  191 

the  Emperor;  Second,  that  he  wished  that  the  men  of 
his  army  should  be  treated  with  all  the  consideration 
that  their  loyalty  and  valor  merited ;  and,  Third,  that 
he  and  the  men  of  his  personal  services  should  not  be 
molested  in  any  manner." 

The  Emperor  saw  in  the  distance  a  small  squadron  of 
soldiers  dressed  in  scarlet,  riding  at  a  rapid  speed  toward 
the  Campanas;  and  as  he  descried  them,  he  exclaimed, 
with  tears  in  his  eyes,  "  See !  see !  my  brave  hussars ! 
How  fearful  a  risk  they  run,  exposed  to  the  full  fire  of 
the  enemy's  batteries !  Who  would  not  be  proud  of 
being  their  chief?"  jTBut,  alas !  what  a  terrible  disap 
pointment  !  He  soon  learned  that  they  were  a  part  of 
General  Typvjnn.*a  cavalry^  of  the  Lihnral  prmyT?  The 
firing  soon  ceased.  A  squad  of  cavalry  rode  up,  and  an 
officer  among  them  asked  where  the  Emperor  was,  using 
at  the  same  time  a  vulgar  epithet.  His  Majesty  stepped 
outside  of  the  fortification,  and  said,  "  I  am  he."  The  offi 
cer  declared  that  Hcndcz  had  been  taken,  and  demanded 
that  the  Emperor  should  deliver  up  himself  and  all  his 
officers  as  prisoners.  The  Emperor  consented,  and  was 
taken  prisoner  by  General  Echegary,  and  said  to  him : 
"  If  you  should  require  anybody's  life,  take  mine,  but  do 
not  harm  my  officers.  I  am  willing  to  die,  if  you  should 
require  it,  but  intercede  with  General  Escobedo  for  the 
life  of  my  officers."  Soon  General  Corona  appeared,  to 
whom  the  Emperor  said,  "  If  you  wish  another  victim, 
here  he  is,"  meaning  himself.  General  Corona  replied 
that  it  did  not  belong,  to  him  to  treat  upon  that  question ; 
that  until  he  cottld  deliver  him  to  the  general-in-chief, 
his  person  and  the  generals  around  him  would  be  safe. 

The  Emperor  had  on  his  overcoat  when  taken.  He 
opened  it  to  show  his  uniform  and  rank.  He,  Generals 
Castillo  and  Mejia,  and  Prince  Salm  Salm,  accompanied 
by  General  Echegrary  (Liberal),  mounted  horses,  which 
were  furnished  them  by  the  Liberals,  and  rode  down 


192  MAXIMILIAN. 

the  hill  several  hundred  yards,  where  they  met  General 
Escobedo,  with  whom  they  returned  on  to  the  hill,  and 
into  the  fort,  where  they  dismounted.  His  Majesty, 
General  Escobedo,  and  two  of  his  officers,  and  Prince 
Salm  Salm  entered  a  tent.  The  Emperor  shook  hands 
with  Escobedo,  and  said  to  him :  "If  you  wish  more 
blood,  take  mine ;  and  I  ask  that  the  officers,  who  have 
been  true  to  me,  be  well  treated,  and  that  I  may  not  be 
insulted  by  your  officers  or  men."  Escobedo  replied 
that  the  Emperor  should  be  treated  like  a  prisoner  of 
war,  and  that  he  should  not  be  insulted.  Shortly  after 
that,  Escobedo  delivered  the  Emperor,  Generals  Mcjia 
and  Castillo,  and  Prince  Salm  Salm  into  the  hands  of 
General  Riva  Palacio,  who  conducted  them  to  La  Cruz 
Convent,  passing  around  the  city  by  Casa  Blanca, 
through  the  Alameda,  thence  through  the  ruined  part  of 
the  city  to  the  convent. 

The  Emperor  was  placed  in  the  same  room  which  he 
had  previously  occupied  in  the  Convent  of  La  Cruz. 
That  day  he  requested  General  Escobedo  to  permit  the 
officers  of  his  house  to  remain  in  the  same  convent, 
which  was  granted.  Those  officers  were  Prince  Salm 
Salm,  Colonel  Guzman,  the  Minister  Aguirre,  Colonel 
Pradillo,  Doctor  Basch,  and  Don  Jose  Blasio,  secretary. 
They  remained  four  days  there ;  three  of  which  His 
Majesty  was  sick  with  the  dysentery.  The  fifth  day 
they  were  removed  into  the  Convent  of  Terrecitas,  which 
place  they  occupied  seven  days ;  thence  were  taken  to 
the  Convent  of  Capuchinas,  where  were  also  imprisoned 
all  the  generals  of  the  Imperial  army.  They  all  occu 
pied  the  first  floor  until  the  third  or  fourth  day,  when 
the  Emperor  and  Generals  Miramon  and  Mejia  were 
placed  in  the  second  story,  where  they  remained  until 
their  execution. 

His  Majesty  lost  everything  the  day  the  city  was 
taken,  except  the  clothes  he  had  on. 


MAXIMILIAN.  103 

No  form  of  speech  could  express  His  Majesty's  aston 
ishment  at  the  acts  of  Colonel  Lopez.  A  man  in  whom 
he  had  placed  the  utmost  confidence,  whom  he  had 
treated  like  a  brother,  as  it  were,  stabbed  him  in  the 
dark.  And  it  would  hardly  be  considered  an  error  in 
judgment,  in  placing  entire  and  confident  reliance  on 
the  fidelity  of  the  man  whose  interests,  he  supposed, 
were  united  with  his,  in  asserting  and  maintaining  a 
cause  and  rights  common  to  both.  His  Majesty  was 
the  godfather  to  Lopez's  child.  £_He  laid  his  heatt  and 
cjiuse  open  to  Lopez,  with  all  the  confidence  of  a  child 
in  its  mother ;  and  in  consequence  thereof  lost  his  life.^J 
Had  the  Imperial  party  not  been  betrayed,  they  would 
have  undoubtedly  broken  through  the  enemy's  line,  and 
made  their  way  down  to  Yera  Cruz. 

Lopez  is  equally  despised  by  both  parties  in  Mexico ; 
yet  he  has  the  effrontery  to  attempt  to  write  himself 
innocent,  by  filling  one  or  two  journals  with  his  evi 
dence,  which,  closely  scanned,  proves  him  guilty.  He 
ought  to  hide  his  face  in  shame,  from  the  view  of  heaven 
and  earth.  He  has  at  last  succeeded  in  obtaining  a  few 
of  the  Liberals  to  assist  him,  while  the  others,  who  were 
eye-witnesses  to  his  work  of  betrayal,  stand  back  and 
laugh. 

The  Emperor  had  often  gallantly  steered  his  bark 
upon  the  sea-waves ;  but  he  had  never  been  baffled  by 
the  waves  of  duplicity  before ;  they  were  too  strong  for 
him  ;  they  washed  him  from  the  deck,  and  stranded  his 
ship  of  state ;  and  the  Mexican  eagle  sprang  from  the 
Imperial  and  lighted  upon  the  Republican  banner,  save 
at  the  Capital  of  the  nation,  where  for  a  short  period 
thereafter,  Imperialism  held  sway  through  the  cowardly 
oppressor,  Marqucz,  who  was  as  little  friendly  to  his 
Sovereign  as  he  was  to  his  open  foe. 

But  few  sovereigns  ever  found  themselves  so  com 
pletely  surrounded  by  bad  faith  and  treachery.  And  | 

9 


104  MAXIMILIAN. 

the  ruler  who  shall  stand  at  the  head  of  that  nation, 
whence  fell  Maximilian,  and  succeed  in  preserving  fidel 
ity  and  attachment  to  his  administration,  for  any  con 
siderable  length  of  time,  will  have  exhibited  greater 
skill  in  the  art  of  government  than  has  been  the  fortune 
of  any  preceding  one  to  manifest.  Let  us  hope,  for  the 
sake  of  humanity,  that  in  the  future  the  banner  of  peace 
may  spread  its  ample  folds  all  over  the  broad  lands  of 
Moctezuma. 

Imprisonment,  and  even  death,  were  insufficient  for 
the  gallant  and  ill-fated  Emperor,  in  the  estimation  of 
his  enemies.  They  must  endeavor  to  tarnish  his  honor 
by  the  breath  of  falsehood.  Hate  was  so  engendered  in 
them,  that  it  was  bound  to  show  itself  in  every  conceiv 
able  form.  It  came  from  the  depths  of  their  hearts  to 
their  mouths  like  the  bubbles  that  rise  up  from  the  bot 
tom  of  the  seething  kettle  to  its  surface.  All  kinds  of 
foolish  statements  have  been  circulated  as  coming  from 
the  Emperor's  lips.  Such  a  course  of  revenge  only 
springs  from  those  who,  by  mistake  of  the  authorities, 
have  not  worn  the  halter — contemptible  and  cowardly 
hearts  who  never  remember  that  true  honor  strikes  not 
a  fallen  foe. 

Not  long  after  the  imprisonment  of  His  Majesty,  an 
article  purporting  to  be  a  proclamation  from  him  to  the 
inhabitants  of  Mexico,  was  circulated  in  every  newspa 
per  within  the  territory  of  Mexico,  but  which  bears  no 
date.  Some  of  its  circulating  mediums  had  the  effrontery 
to  guarantee  its  authenticity. 

No  writing  of  a  public  character  was  issued  by  His 
Majesty  after  his  capture.  That  false  proclamation  is  in 
the  following  words  : 

"  The  Archduke  Ferdinand  Maximilian  of  Hapsburg, 
ex-Einperor  of  Mexico,  to  all  its  inhabitants  : 


MAXIMILIAN.  195 

"  COMPATRIOTS  : 

"  After  the  valor  and  the  patriotism  of  the  Republi 
can  armies  have  brought  about  the  end  of  my  reio-n  in 
this  city,  the  obstinate  defence  of  which  was  indispensa 
ble  to  save  the  honor  of  my  cause  and  of  my  race  ;  after 
this  bloody  siege,  in  which  have  rivalled  in  abnegation 
and  bravery  the  soldiers  of  the  Empire  with  those  of 

<  Republic,  I  am  going  to  explain  myself  to  you. 

Compatriots  :     I  came  to  Mexico  animated  not  only 
with  a  firm  hope  of  making  you,  and  every  one  of  you 
individually  happy,  but    also    protected    and  called  to 
the  throne  of  Moctezuma  and  Iturbide  by  the  Emperor 
of  France,  Napoleon  III.     He  has  abandoned  me  cow 
ardly  and  infamously,  through  fear  of  the  United  States 
placing  m  ridicule  France  itself,  and  making  it  spend 
uselessly  its  treasures,  and  shedding  the  blood  of  its 
sons  and  your  own.      When  the  news  of  my  fall  and 
death  will  reach  Europe,  all  its  monarchs,  and  the  land 

Charlemagne,  will  ask  an  account  of  my  blood  and 
that  of  the  Germans,  Belgians,  and  French,  shed  in 
Mexico,  from  the  Napoleon  dynasty.  Then  will  be 
the  end 

<l  The  whole  world  will  soon  see  Napoleon  covered 
with  shame  from  head  to  foot. 

"  Now  the  world  sees  H.  M.  the  Emperor  of  Austria 
my  august  brother,  supplicating  for  my  life  before  the 
Lmted  States,  and  me  a  prisoner  of  war  at  the  disposi 
tion  of  the  Republican  government,  with  my  crown  and 
heart  torn  to  pieces. 

"  Compatriots  :  My  last  words  to  you  are  these  •  I 
ardently  desire  that  my  blood  may  regenerate  Mexico  - 
and  that  as  a  warning  to  all  ambitious  and  incautious 

"sons,  you  may  know  how,  with  prudence  and  true 
patriotism,  to  take  advantage  of  your  triumph,  and 
through  your  virtues  ennoble  the  political  cause,  the 


ICG  MAXIMILIAN. 

banner  of  which  you  sustain.      May  Providence  save 
you,  and  make  me  worthy  of  myself. 

"  MAXIMILIAN." 

It  is  quite  clear,  from  the  reading  of  the  foregoing 
pretended  proclamation,  that  the  feeling  that  prevailed 
in  the  mind  of  its  author  was  based  upon  a  deep-rooted 
hatred,  and  void  of  that  magnanimity  which  flows  from 
a  brave  and  noble-minded  conqueror. 

On  the  20th  of  May,  the  Emperor  was  permitted  to 
visit  General  Escobedo.  He  went  accompanied  by 
Prince  Salm  Salm  and  wife.  He  empowered  the  Prince 
to  treat  with  General  Escobedo ;  and  in  order  that  the 
latter  might  show  his  authority  thus  to  act,  the  follow 
ing  written  power  was  executed  by  the  Emperor : 

"I  authorize  Colonel  and  Aid-de-camp  Prince  Salm 
Salm  to  treat  with  General  Escobedo,  and  I  acknowledge 
the  acts  done  by  him  as  done  in  my  name. 

"  MAXIMILIAN." 

Prince  Salm  Salm,  accordingly,  wrote  down  certain 
propositions  which  were  presented  to,  and  rejected  by, 
General  Escobedo.  One  of  the  main  ones  was,  that  the 
Emperor,  if  permitted  to  leave  Mexico,  would  never  re 
turn  to  it  again. 


, 


\ 


CHAPTER   XII. 

Convent— Prison  of  Maximilian— Author's  visit  and  conversation  with  Maxi 
milian—Arrival  of  lawyers  from  the  city  of  Mexico— Foreigners  ordered  to 
leave  Queretaro. 

THE  convent  of  the  Capuchinas,  in  Queretaro,  is  an 
ancient,  spacious  building,  all  over  which  the  hand 
of  Time  has  drawn  its  dingy  strokes ;  and  as  you  gaze 
at  its  exterior,  observing  its  dimensions,  its  domes,  its 
statuary,  and  carvings,  you  are  reminded  that  the  pile 
of  silver  and  gold  that  reared  that  massive  temple,  could 
be  enclosed  in  no  small  compass. 

Year  after  year,  mite  after  mite,  was  contributed  by 
rich  and  poor,  to  raise  its  lofty  dome  toward  the  heav 
ens  ;  beneath  which,  the  ever  faithful  daily  gathered  to 
offer  up,  on  bended  knee,  thanks  to  our  Maker  for  the 
many  blessings  they  had  received.  Those  who  gave 
their  mite,  those  who  laid  stone  upon  stone,  upward, 
upward  rising  in  the  sky,  little  thought  that  they  were 
walling  in  their  descendants  for  sustaining  political 
opinions  honestly  formed,  and  conscientiously  advo 
cated.  They  never  dreamed  that  they  were  erecting 
warriors'  abode,  a  depository  for  bristling  bayonets,  pol 
ished  swords,  powder  and  balls ; — where  the  bugle,  the 
fife,  and  drum  were  to  summon  the  inmates  to  service ; 
where  the  armed  sentinel  paces  to  and  fro,  with  a  meas 
ured  tread.  Those  workmen  reared  that  costly  structure 
for  a  house  of  Peace  ;  where  the  multitude,  armed  with 
the  word  of  God  only,  were  to  be  taught,  "  Vengeance 
is  mine,  saith  the  Lord." 

As  you  approached  the  door  of  that  temple,  after  the 
taking  of  Queretaro  by  the  Liberals,  you  observed  two 


198  MAXIMILIAN. 

sentinels  at  the  door,  armed  with  muskets  and  fixed 
bayonets.  If  you  passed  there  in  the  day-time,  they 
said  not  a  word;  but  if  darkness  had  overspread  its  folds, 
you  heard  at  a  distance  of  fifty  yards  therefrom,  "  Quien 
Viva?"  ("Who  comes  there?")  You  then  answered, 
"  Libertad,"  or  "  Amigo."  ("Liberty,"  or  "Friend.") 
If  you  wished  to  enter  there,  to  visit  His  Majesty,  you 
first  reach  a  not  spacious  room ;  then,  turning  to  the  left 
into  another  of  like  dimensions,  and  going  straight  ahead 
in  the  same  direction  as  you  first  entered,  a  distance  of 
about  twenty  feet,  you  there  meet  two  other  sentinels ; 
passing  still  onward  into  the  court  to  the  stairway,  two 
more  persons  stand  in  armor  arrayed.  No  questions  are 
yet  asked  you,  and  you  wind  your  way  up  that  pair  of 
stairs ;  at  the  top  thereof  you  turn  to  the  right,  and 
walk  straight  on  in  a  direction  at  right  angles  with  that 
which  you  pursued  in  entering,  until  a  promenade  of 
fifty  feet  or  more  brings  you  to  the  end  of  the  passage 
way,  where  stands  another  sentinel,  who  exclaims,  in  a 
stentorian  voice,  "  Cabo  /"  ("  Corporal !")  The  cor 
poral  appears,  asks  you  your  business.  If  you  expect 
to  proceed  further,  you  must  present  a  written  order. 
The  corporal  calls  the  captain  of  the  guard,  who  reads 
your  order,  and  if  correct,  the  soldier  is  ordered  to  let 
you  pass.  In  advancing,  you  turn  half  around  to  the 
left,  in  the  opposite  direction  from  that  which  conducts 
you  to  the  first  entrance  of  the  building.  You  enter 
the  corridor  around  the  court, — passing  first,  before 
reaching  the  court,  on  the  right,  a  small  room  occupied 
by  the  captain  of  the  guard.  On  the  left  you  pass  twro 
doors — one  enters  the  room  of  His  Majesty's  servant,  the 
other  into  that  of  his  physician,  Dr.  Samuel  Basch. 
The  corridor  is  six  or  seven  feet  wide,  running  on  two 
sides  of  the  court  only,  protected  by  a  balustrade  about 
three  and  a  half  feet  high.  As  you  first  enter  that  cor 
ridor,  on  the  opposite  side  of  the  court,  a  door  is  seen 


MAXIMILIAN.  199 

directly  in  front  of  you ;  that  leads  to  the  room  of  the 
Emperor.  As  you  advance  a  few  feet  further,  at  your 
right,  on  the  opposite  side  of  the  court,  two  more  doors 
are  observable  in  a  line  with  that  of  the  Emperor's ; — 
one  of  them,  which  is  nearest  to  that  of  His  Majesty, 
opens  into  Miramon's  room ;  the  other,  into  that  of  Me- 
jia.  In  front  of  the  Emperor's  room  is  a  vacant  space, 
nearly  fifteen  feet  square.  In  front  of  the  other  two 
rooms,  the  space  is  only  of  the  width  of  the  corridor. 

The  apartment  of  the  Emperor  is  about  eighteen  by 
twenty  feet,  measuring  to  the  ceiling  nearly  twenty  feet. 
In  front,  and  to  the  left  of  the  door  as  you  enter,  is  a 
window,  which  opens  out  to  the  vacant  space  in  the  cor 
ridor.  The  door  and  that  window  were  the  only  aper 
tures  that  gave  light  and  air.  When  clouds  darkened 
the  sky,"  his  room  was  not  as  light  as  one  would  have  de 
sired  ;  and  on  warm  days  the  space  in  front  was  more 
comfortable  than  the  room  itself,  in  which  he  found  a 
fan  an  agreeable  article. 

The  furniture  of  His  Majesty  exhibited  no  proof  that 
it  was  prepared  for  an  Imperial  mansion.  It  consisted 
of  an  iron  bedstead  surmounted  with  brass,  and  a  toler 
ably  comfortably  bed;  a  pine  table  twenty  by  thirty 
inches  in  dimensions,  another  double  its  size,  one  rock 
ing-chair,  three  or  more  common  ones,  and  a  small  box 
which  contained  some  private  articles. 

The  room  itself  had  a  brick  floor,  plastered  walls 
without  any  ornaments,  and  as  much  the  appearance  of 
a  prison  as  though  it  had  been  built  for  that  purpose. 
The  rooms  occupied  by  Generals  Miramon  and  Mejia 
were  once  used  as  chapels,  and  presented  a  little  better 
appearance  than  that  of  His  Majesty.  The  space  in 
front  of  the  latter  made  that  one  a  little  more  desirable. 
The  three  prisoners  were  allowed  to  visit  each  other, 
and  to  walk  in  the  corridor,  or  sit  there,  all  of  which 
they  frequently  did. 


£C.  0  MAXIMILIAN. 

That  convent  contained  all  the  prisoners  who  were  of 
the  rank  of  general.  Prince  Salm  Salm,  who  was  reg 
istered  as  a  colonel  when  taken,  but  who  had  been  com- 
missioned  as  a  general  a  few  days  prior  to  the  capture 
of  Queretaro,  was  permitted,  at  the  solicitation  of  His 
Majesty,  to  occupy  the  same  building  on  the  first  floor. 
As  the  Prince  was  German,  and  a  person  in  whom  the 
Emperor  had  confidence,  it  was  a  favor  to  him  to  be 
allowed  the  company  and,  service  of  the  Prince!  Al 
though  the  latter  was  below,  he  had  the  permission  to 
ascend  to  the  room  of  His  Majesty  when  the  latter  re 
quested  his  presence.  The  consequence  was,  the  Prince 
spent  a  great  deal  of  his  time  with  the  Emperor.  At 
or  near  each  door  of  the  three  prisoners  stood  a  sentinel. 
The  prisoners  were  thus  guarded  day  and  night.  A 
battalion  of  soldiers  was  quartered,  in  the  convent  also. 

On  Tuesday  morning,  May  28th,  1807,  I  left  San  Luis 
Potosi,  and  reached  Queretaro  on  the  following  day  at  five 
o'clock,  P.  M.  I  there  met,  at  the  hotel,  Mr.  Bansen,  the 
Hamburg  Consul  resident  at  San  Luis  Potosi.  Wednesday 
morning,  the  day  after  my  arrival,  he  observed  to  me  that 
the  Emperor  was  desirous  of  seeing  me.  A  few  hours 
later  the  wife  of  Prince  Salm  Salm  met  me,  and  remarked 
that  she  had  just  come  from  the  room  of  His  Majesty, 
and  that  his  request  was  that  I  should  visit  him.  I 
therefore  escorted  her  to  the  convent  where  the  Em 
peror  was,  first  obtaining  a  written  permit  from  the  Fis 
cal,  the  law-officer  of  the  Government,  who  had  charge 
of  the  prosecution  of  the  three  mentioned  prisoners. 
It  appeared  that  the  Fiscal  was  the  proper  officer  to 
grant  that  permission,  rather  than  the  commanding- 
officer  of  the  division.  I  was  requested  to  converse  with 
His  Majesty  in  Spanish,  so  that  the  officer  of  the  guard 
would  be  able  to  understand  all  that  I  said.  The  Em 
peror  met  me  most  cordially,  and  as  though  it  was  a  treat 
to  see  anybody  who  was  friendly  disposed  towards  him. 


VAXIMILIAX.  201 

'After  quite  a  long  social  conversation,  lie  commenced  to 
relate  some  facts  pertaining  to  himself  and  government, 
first  prefacing  his  remarks  with  the  observation,  "  I  wish 
to  tell  you  all,  that  the  world  may  know  the  truth." 
He  further  remarked,  that  when  he  came  to  Mexico  it 
was  with  a  sincere  belief  that  he  was  called  by  the  will 
of  a  majority  of  the  people ;  that  he  told  the  Mexican 
deputation,  when  they  first  visited  him  at  Miramar  in 
the  fall  of  1863,  that  he  would  not  accept  the  throne  of 
Mexico  until  he  was  satisfied  that  the  majority  would 
sanction  it.  That  the  deputation  then  said  to  him  that 
they  believed  that  the  majority  were  already  in  favor  of 
his  coming.  The  evidence  at  that  time  was  inadequate 
to  convince  him.  He  observed  that  when  the  deputa 
tion  appeared  the  second  time,  in  the  following  April, 
the  proof  which  they  presented  left  no  doubt  on  his 
mind  as  to  the  condition  precedent  having  been  com 
plied  with.  His  consent  to  accept  the  crown  was  based 
upon  that  belief.  He  further  stated  upon  that  point, 
that  when  he  arrived  at  Yera  Cruz,  and  witnessed  the 
demonstration  in  his  favor,  which  continued  to  the  capi 
tal  of  the  nation,  he  was  more  convinced  than  ever  of 
the  truth  of  the  statement  made  by  the  Mexican  depu 
tation.  He  said,  that  on  the  way  to  the  capital  he  re 
marked  to  the  Empress,  "  Surely  the  deputation  were 
right  when  they  said  a  majority  of  the  Mexicans  were 
in  favor  of  our  coming  to  be  their  ruler."  He  then  added, 
"  I  never  in  all  Europe  saw  a  Sovereign  received  with 
such  enthusiasm  as  greeted  us.". 

I  might  well  testify  in  his  behalf  that,  according  to 
tlie  statements  related  to  me  by  many  persons  who  wit 
nessed  parts  of  that  demonstration,  the  Emperor  could 
not  have  come  to  any  other  conclusion. 

I  do  not  think  there  is  the  slightest  room  for  doubt 

O 

that  His  Majesty  was  perfectly  sincere  in  his  reported 
belief. 


202  MAXIMILIAN. 

He  said,  in  speaking  of  his  capture,  that  General  Es- 
cobedo  promised  that  he  should  be  treated  like  a  pris 
oner  of  war.  If  that  promise  had  been  carried  out,  he 
never  would  have  been  shot. 

As  to  the  decree  of  Qctober_3d,  1 865,  issued  by  him, 
remarked  that  it  originated  with  "Marshal  Bazaine ; 
tat  Bazaine  appeared  before  the  Council  and  pressed 
the  matter,  saying  some  severe  law  was  necessary  to  put 
down  the  dissidents  ;  and  that  Juarez  was  then  in  Texas. 
Pie  said  further,  that  he  himself  was  opposed  to  the  de 
cree  ;  and  putting  up  his  hands  in  the  attitude  of  sur 
prise  at  the  severity  of  the  decree,  said :  "  That  is  against 
all  rules  of  warfare  in  Europe ;  and  I  did  not  wish  to 
sign  it ;  but  the  ministers  being  also  in  favor  of  it,  and 
believing  Juarez  to  be  out  of  the  country,  I  signed  it." 
Statements  had  been  so  made  to  him  that  he  did  not  for 
one  moment  doubt  that  Juarez  had  been,  and  was,  in 
Texas  when  he  signed  that  decree.  In  fact,  he  said  to 
me  that  he  was  almost  certain  that  there  was  document 
ary  evidence  to  prove  that  Juarez  had  been  out  of  the 
country.  He  further  remarked,  "  That  is  what  makes  ; 
Juarez  mad,  to  think  that  it  can  be  proved  on  him.'J/ 

I  asked  him  if  he  had  ever  signed  a  decree  or  order  to 
have  any  particular  person  or  persons  executed  for  a  po 
litical  crime  ?  He  replied,  "  Never." 

He  then  observed  that  he  ordered  the  telegraph  office 
to  be  kept  open  day  and  night ;  that  an  operator  should 
be  there  at  all  hours,  and  should  immediately  deliver 
dispatches  which  contained  a  statement  of  the  capture 
of  prisoners,  whether  received  in  the  day  or  night ;  and 
if  during  the  latter  period,  to  wake  him  up,  so  that  he 
might  forthwith  send  orders  that  none  of  the  prisoners 
should  be  executed.  He  observed  that  he  had  frequently 
gotten  up  in  the  night  for  that  purpose.  He  said,  in 
speaking  of  executions,  that  the  trouble  with  himself 
was,  that  he  was  too  tender-hearted ;  that  he  had  been  , 


MAXIMILIAN.  203 


-™  press-  that  lie  was  not  willing-  to 


WJlCn  JUS**™   rom*"  t 

He  felt  very  much  annoyed  at  the  many  acts  of  cruelty 
which  had  reached  his  ears,  and  which  were  alleged  to 
have  been  committed  by  the  French. 

I  think  I  never  saw  a  man  more  opposed  to  cruelty 
than  the  Emperor.  In  that  regard  his  feelings  were  as 
tender  as  those  of  a  lady.  Yet,  in  battle,  he  was  as 
brave  as  Caesar,  as  all  who  saw  him  in  that  position  will 
testify.  We  were  speaking  about  some  battles  ;  during 
which  time  the  names  of  Prince  Salm  Salm  came  up. 
His  Majesty  said  of  him  :  "  He  was  as  brave  as  a  lion, 
Sir."  He  had  no  good  feelings  toward  Marshal  Bazaine, 
nor  his  own  general,  Marquez.  He  considered  that  he 
himself  had  to  suffer,  and  perhaps  to  lose  his  life, 
through  the  actions  of  Bazaine. 

I  said  to  him,  "The  treaty  of  Miramar  placed  Your/ 
Majesty  in  an  exceedingly  difficult  position;    while  it) 
c?ave  the  French  commander  full  control  over  the  mill-  V 
tary  actions  and  movements  of  the  French  troops,  as    J 
well  as  over  any  body  of  mixed  French  and  Mexican  / 
forces  :  it  made  the  Sovereign  head  responsible  for  their 
acts."     He  replied,  "  Yes,  I  know  it,  and  I  am  almost 
ashamed  of  it  ;  but  I  submitted  to  it,  thinking  it  would 
be  the  best  for  the  country." 

In  speaking  of  President  Juarez,  he  said,  "  I  believe  he 
is  a  good  man."  I  never  heard  him  say  any  unkind 
words  of  Juarez. 

After  my  two  first  visits,  I  requested  the  Fiscal  to 
allow  me  to  speak  in  English  or  French,  as  I  could  therein 
best  express  the  law  to  the  Emperor,  inasmuch  as  I  was 
one  of  his  counsel  ;  to  which  he  assented.  In  speaking 
in  English,  he  sometimes  hesitated  for  a  word,  and  would 
place  in  its  stead  a  French  one,  when  I  would  give  him 
the  English  of  it.  After  a  few  days'  conversation,  he  re 
marked,  "  Since  my  practice  with  you,  I  speak  better 


204  MAXIMILIAN. 

English.  I  do  not  speak  as  well  as  I  did  fifteen  years 
ago :  when  in  the  navy,  I  was  in  the  habit  of  meeting 
officers  who  spoke  it."  He  spoke  English  very  well,  and 
read  it  better.  He  had  but  two  books,  I  think,  in  his 
room  to  read.  One  was  a  Universal  History  in  Spanish, 
and  the  other  I  have  forgotten.  I  carried  him,  "  W/iea- 
ton  on  the  JLaw  of  Nations,"  in  Spanish.  He  asked  if 
I  thought  the  translation  good.  I  replied,  "  Very  good." 

When  conversing  about  his  case,  he  remarked,  on 
several  occasions,  placing  his  hand  on  his  heart,  "  I  have 
never  done  anything  against  my  conscience."  He  spoke 
it  with  such  a  sincerity  of  expression,  that  no  man  could 
have  heard  him  say  it  without  believing  it.  Two  or 
three  times  he  said  to  me,  "  I  should  like  very  much  to 
see  the  Empress,  my  dear  wife,  my  mother,  and  other 
relatives ;  but  my  honor  before  life."  The  name  of  her 
Majesty  Queen  Victoria  was  mentioned  in  conversation 
between  us  alone,  on  one  or  two  occasions,  when  he 
spoke  in  a  very  kind  and  brotherly  manner  of  her.  His 
expression  indicated  that  he  looked  upon  her  as  a  warm 
friend. 

He  held  Americans  in  high  estimation.  He  said: 
"  The  Americans  are  a  great  people  for  improvements. 
And  besides,  they  are  great  lovers  of  justice.  They  pay 
such  respect  to  the  laws,  that  I  admire  them.  And  if 
God  should  spare  my  life,  I  intend  to  visit  the  United 
States,  and  travel  through  them."  He  further  said  of 
them,  "  You  can  rely  on  the  word  of  an  American  gentle 
man."  The  idea  of  improvements  and  progress  seemed 
to  occupy  a  good  deal  of  his  attention.  He  was  anxious 
to  see  Mexico  advance.  He  frequently  alluded  to  the 
lavish  bounty  of  nature  to  the  country:  he  was  much 
delighted  with  its  natural  beauty  and  resources.  We 
were  much  in  hopes  that  the  point  raised  as  to  the  juris 
diction  of  the  court  would  be  decided  against  it,  in 
order  that  more  time  might  be  obtained,  as  that  would 


MAXIMILIAN.  205 

decrease  the  excitement  against  his  Majesty ;  and  that 
after  such  a  favorable  point  gained,  the  government 
might  determine  to  bring  the  matter  before  Congress. 
His  Majesty  said  :  "If  my  case  can  go  before  the  Mexi 
can  Congress,  I  am  not  afraid.  I  will  speak  myself, 
without  any  lawyers."  He  then  turned  towards  me, 
and  smiled  a  little,  and  observed,  "  I  might  need  a  law 
yer  to  point  out  some  of  the  law,  but  I  would  do  the 
talking." 

When  I  pointed  to  several  articles  in  the  Mexican 
Constitution,  which  were  in  his  favor,  he  took  his  own 
copy  of  it,  and  marked  the  articles  with  a  red  pen 
cil,  read  them  carefully,  and  became  quite  animated. 
They  had  not  been  suggested  to  him  before.  He  sent 
immediately  for  Mr.  Vasquez,  one  of  his  lawyers.  When 
he  came,  he  alluded  to  what  I  had  said  in  regard  to  the 
unconstitutionality  of  certain  laws.  Mr.  Vasquez  replied 
that  he  believed  that  I  was  correct  in  my  opinion ;  but 
as  the  Government  was  still,  in  some  respects,  acting 
contrary  to  the  Constitution,  he  could  not  say  what  view 
would  be  taken  of  those  questions.  He  further  said, 
that  the  Minister  of  Foreign  Affairs,  Seiior  Lerdo  Tejada, 
when  a  member  of  Congress,  had  expressed  his  opinion 
upon  the  Constitution  in  conformity  with  mine. 

Afterward  I  set  forth  my  opinion  upon  the  case,  in  a 
written  document,  which  was  translated  into  Spanish. 
This,  he  said,  he  would  like  to  have  sent  to  the  United 
States  and  Europe :  a  copy  thereof  is  inserted  herein 
among  the  papers  of  his  cause. 

After  I  had  read  the  accusations  in  the  law-office  of 
Sefior  Vasquez,  I  visited  His  Majesty,  and  found  him  in 
bed,  not  very  well,  but  sitting  up.  I  said  to  him,  "  I 
have  just  read  the  accusations."  "  Have  you  ?"  he  ob 
served  ;  and  smiling,  said,  "  When  they  were  read  to  me, 
I  had  to  put  my  hand  over  my  mouth  to  keep  from 
laughing,  they  were  so  silly."  I  remarked  that  I  could 


200  MAXIMILIAN. 

not  say  that  they  appeared  to  be  written  in  a  lawyer- 
like  style. 

On  Tuesday  morning,  June  4th,  soon  after  I  entered 
his  room,  the  Emperor  said,  "We  must  hurry  with  busi 
ness.  I  have  been  talking  with  Miramon.  He  has 
counted  up  the  time,  and  says  that  he  thinks  they  will 
shoot  us  Friday  morning."  I  replied  to  him  that  I 
thought  not,  that  more  time  would  be  given  by  the 
President.  We  had  been  anxiously  waiting  the  arrival 
of  the  lawyers  from  the  city  of  Mexico.  They  had  been 
expected  for  several  days,  and  what  detained  them  we 
could  not  learn.  As  the  city  of  Mexico  was  besieged, 
we  thought  it  possible  that  the  difficulty  might  be  that 
they  were  not  permitted  to  pass  the  lines.  They  arrived 
that  evening,  the  4th. 

For  two  days  the  wife  of  Prince  Salm  Salm  had  been 
doing  her  utmost  to  procure  mules  or  horses  to  convey 
her  to  the  city,  to  ascertain  the  reason  of  the  delay  of 
the  lawyers.  She  had  been  able  to  obtain  a  carriage, 
but  no  animals.  I  went  in  search  of  animals.  I  called 
on  General  -  — ,  of  the  Liberal  army,  whom  I  knew, 
and  solicited  animals  of  him,  saying  that  I  wished  them 
to  go  only  to  the  first  station,  where  the  stage  line 
changed.  He  replied  that  he  had  not  sufficient  for  his 
own  use.  At  first  I  did  not  tell  him  the  urgent  reason 
of  my  desire  for  the  animals.  After  I  ascertained  that 
he  had  none  to  spare,  and  as  he  asked  me  why  I  wished 
them,  and  if  I  were  going  to  Mexico  myself,  I  told  him 
that  I  wished  them  to  send  for  the  lawyers  whom  the 
Emperor  was  desirous  of  having  to  assist  in  his  defence. 
He  then  observed  to  me,  that  if  he  had  a  thousand  to 
spare,  he  would  not  let  one  go  for  that  purpose.  In 
other  words,  he  would  deprive  the  Emperor  of  any  de 
fence,  if  he  could.  That  class  of  officers  caused  the  death 
of  the  Emperor.  General  Escobedo  is  among  that  num 
ber.  It  has  been  said  by  those  in  Mexico,  that  he  could 


MAXIMILIAN.  2Q  7 

have  saved  the  life  of  Maximilian  if  he  had  desired  it ; 
notwithstanding,  he  communicated  the  statement  to  the 
President,  that  if  Maximilian  was  not  shot,  that  he,  Es- 
cobedo,  could  not  hold  his  army  together.  The  truth 
will  some  day  make  its  appearance.  It  has  already  to 
me,  on  good  authority.  And  I  attach  more  blame  to 
Escobedo  than  to  Juarez.  When  Escobedo  appointed 
the  members  of  the  court-martial,  he  knew  what  their 
decision  would  be.  There  were  many  officers  of  the 
Liberal  army  that  would  have  rejoiced  at  the  verdict 
of  not  guilty,  in  the  Emperor's  case. 

On  one  occasion  I  visited  the  convent  about  the  mid 
dle  of  the  day.  I  found  the  Emperor,  Generals  Mira- 
mon,  Mejia,  Prince  Salm  Salm,  and  Dr.  Basch,  around 
a  table  in  the  space  in  the  corridor,  in  front  of  His  Ma 
jesty's  room,  playing  dominoes.  As  I  entered,  they 
were  about  to  stop,  through  politeness ;  but  I  insisted 
that  they  should  proceed  with  the  game.  They  re 
quested  me  to  join  them.  I  did  so — placing  myself  be 
tween  General  Miramon  and  Prince  Salm  Salm,  and  op 
posite  the  Emperor.  They  all  smiled  a  little,  and  His 
Majesty  looked  up  at  me  and  said,  "This  is  a  stupid 
game ;  it's  like  children's  play."  He  seemed  to  be  im 
pressed  with  the  idea  that  I  might  think  it  was  a  silly 
occupation  for  men  of  talent  to  be  engaged  in.  He 
made  that  same  remark  twice.  I  replied  that  it  was  by 
no  means  stupid ;  that  it  occupied  the  mind,  and  made 
the  time  pass  pleasanter  than  sitting  idle.  I  think  we 
played  an  hour.  The  Emperor  asked  me  one  day  if  I 
thought  that  he  and  his  two  generals,  Miramon  and 
Mejia,  wrould  be  justified  in  escaping,  if  they  could.  I 
answered  him,  "  Certainly,  by  all  means;  I  have  no  idea 
that  the  court-martial  will  do  you  justice :  the  law  is 
clearly  in  your  favor ;  but  from  my  discussion  on  some 
of  the  principles  of  law  with  the  officers  of  the  govern 
ment,  I  am  quite  satisfied  that  the  determination  is  to 


208  MAXIMILIAN. 

convict  you  at  all  hazards."  He  preferred  to  have  a 
fair  trial  before  Congress,  rather  than  to  have  escaped ; 
but  believing  that  they  were  anxious  to  murder  him,  he 
had  no  scruples  about  saving  his  life  the  best  way  that 
might  be  provided.  He  remarked,  "  I  have  never  given 
my  word  that  I  would  not  escape ;  I  was  clever  about 
that."  But  if  he  had  ever  promised  not  to  escape,  he 
would  have  kept  his  word.  He  was  punctilious  about 
his  honor. 

He  then  told  me  of  a  plot  formed  to  save  them.  One 
Henry  B.  del  Borgo,  an  Italian  rascal,  a  captain  in  the 
Liberal  army,  had  received  two  thousand  dollars  of  the 
Emperor's  money  to  purchase  six  horses,  saddles,  equip 
ments,  and  pistols.  He  purchased  that  number  of  horses  of 
an  ordinary  class,  and  the  accoutrements.  I  do  not  think, 
from  an  examination  of  them,  that  they  could  have  cost 
over  seven  or  eight  hundred  dollars.  The  horses  were 
to  be  ready  on  the  night  designated,  at  a  given  point, 
and  the  three  prisoners  were  to  be  let  out  at  the  proper 
time,  to  mount  their  horses,  and  to  rush  for  the  moun 
tains.  It  was  known  that  Mejia  was  well  acquainted 
with  the  whole  country,  and  that  with  him,  there  would 
be  no  danger  of  being  lost.  Much  to  the  surprise  of  us 
all,  the  Italian  left  one  morning  early,  taking  with  him 
the  balance  of  the  money ;  and  it  was  believed  that  he 
had  made  known  the  plot :  but  as  to  that,  we  did  not 
positively  know.  I  think  he  left  on  the  morning  of  the 
5th  of  June. 

That  night  the  guard  was  increased,  and  a  light  kept 
burning  all  night  near  the  Emperor's  room.  We  began 
to  conjecture  as  to  the  cause.  Finally,  it  was  rumored 
that  Miramon's  wife  had  attempted  to  bribe  the  officers ; 
that  she  had  succeeded  with  several,  but  one  of  them 
had  told  the  secret.  We  therefore  considered  that  the 
Emperor's  plot  was  yet  undiscovered. 

The  getting  out  of  the  convent  was  the  difficult  part. 


MAXIMILIAN.  209 

They  considered  that  once  out,  there  would  be  no  dan 
ger.  How  to  pass  the  officer  and  nine  or  ten  sentinels, 
was  the  great  question.  The  Emperor  once  said  to  me : 
"  Cannot  we  get  out  with  ropes — putting  one  hand  over 
the  other,  like  sailors  in  climbing?  You  know  I  am 
good  at  that — I  have  been  in  the  navy."  I  answered 
him,  perhaps  that  might  be  done,  but  I  thought  it  would 
be  difficult,  as  there  was  no  outside  window  to  his  room. 
I  did  not  think  it  feasible,  as  the  most  difficult  part 
would  be  to  pass  the  first  guards  in  the  corridor,  which 
he  would  have  to  do  to  reach  any  opening. 

After  the  foregoing  had  taken  place,  I  was  requested 
by  the  officer  of  the  guard  to  speak  entirely  in  Spanish 
to  His  Majesty.  He  said  that  was  the  order  which  he 
had  received.  As  he  remained  near  us  when  we  con 
versed,  I  was  compelled  to  talk  in  that  language.  At 
one  time  I  knew  that  the  wife  of  Prince  Salm  Salm  was 
to  be  there  within  a  half-hour  or  more ;  I  therefore  pro 
longed  my  visit,  knowing  that  she  could  talk  but  little 
Spanish,  and  was  under  the  necessity  of  speaking  in 
Eno-lish  to  the  Emperor.  As  they  conversed  I  joined  in, 
of  course  in  English ;  and  then  I  availed  myself  of  the 
opportunity  of  saying  to  His  Majesty  what  I  did  not 
wish  the  officer  of  the  guard  to  understand. 

The  lawyers  from  the  city  of  Mexico  visited  His  Ma 
jesty  the  next  day  after  their  arrival.  They  suggested 
that  the  laws  were  unconstitutional,  and  that  they  would 
attack  the  laws  on  that  ground. 

His  Majesty  said  to  me  on  the  following  day,  that 
when  they  made  those  observations  to  him  he  imme 
diately  said  to  them  that  those  points,  as  to  the  un- 
constitutionality  of  the  laws,  had  already  been  made. 
They  inquired,  "  By  whom  ?"  "  By  an  American  law 
yer."  They  exhibited  a  little  surprise,  His  Majesty 
said,  that  a  foreign  lawyer  should  be  so  familiar  with 
their  constitxition  and  laws.  The  Emperor  pointed  out 


210  MAXIMILIAN. 

the  favorable  positions  which  I  had  assumed,  and  gave 
them  a  translation  of  my  legal  views.  They  did  me  the 
honor  to  say  that  they  agreed  perfectly  with  all  my 
opinions.  They  requested  that  I  should  meet  them  in 
consultation  the  next  day  at  ten  o'clock  in  the  morning. 
Before  that  hour  arrived,  they  thought  it  best  for  Messrs. 
Palacio  and  De  la  Torre  to  go  forthwith  to  San  Luis 
Potosi  to  see  what  could  be  done  with  the  President  and 
Cabinet. 

The  lawyers  all  worked  very  hard  to  save  the  Emperor. 
They  did  all  that  was  in  their  power  as  lawyers,  and 
with  their  influence  as  men. 

I  asked  the  Emperor  if  he  thought  he  would  have 
been  able  to  sally  out  of  Queretaro  had  he  not  been  sold 
liy  Lopez,  and  had  the  plans  formed  on  his  part  been  ex 
ecuted.  He  replied,  "  Yes."  He  believed  that  he  would 
have  been  successful  in  reaching  Vera  Cruz.  He  ob 
served  that  he  had  at  that  time,  May  14th,  five  thousand 
men  in  Queretaro.  He  did  not  seem  to  have  any  doubt 
in  his  mind  that  he  would  have  fought  his  way  through. 

While  he  was  sitting  up  in  bed  one  day,  the  name  of 
Lopez  came  up  in  the  conversation,  and  the  wife  of 
Prince  Salm  Salm  was  present,  who  remarked  to  me, 
"  What  do  you  think  ?  A  few  days  ago  His  Majesty 
heard  that  some  man  was  in  pursuit  of  Lopez  to  kill 
him,  and  His  Majesty  sent  a  person  to  inform  Lopez  of 
the  fact,  and  to  be  on  his  guard."  I  looked  at  the  Em 
peror,  and  observed,  "Did  Your  Majesty  do  that?" 
He  smiled,  and  blushed  a  little,  and  answered,  "  Yes,  I 
did."  I  then  said  that  that  was  more  than  I  could  have 
done  to  a  man  that  had  sacrificed  me.  He  made  some 
remark  to  the  effect  that  he  supposed  but  a  few  persons 
would  have  done  it. 

I  asked  him  if  I  could  have  one  of  his  photographs ; 
to  which  he  replied,  "  With  the  greatest  pleasure ;  and 
you  will  please  give  me  yours,  with  your  signature  on  it." 


MAXIMILIAN.  211 

He  gave  me  one  of  his,  observing  that  it  was  taken  some 
time  ago,  but  that  if  God  spared  his  life  he  would  give 
me  a  better  one.  I  gave  him  my  own,  with  my  sig 
nature.  He  thanked  me  very  kindly.  He  further  said, 
"  If  God  spares  my  life,  and  you  go  to  Europe,  the  castle 
of  Miramar  shall  be  your  home."  I  thanked  him,  and 
said  I  hoped  we  would  meet  there ;  and  that  if  he  and 
I  lived,  we  should  probably  see  each  other  in  Europe. 
It  was  his  custom,  when  speaking  of  what  he  would 
probably  do  if  he  lived,  to  preface  the  remark  with  the 
words,  "  If  God  should  spare  my  life" 

His  Majesty  was  dressed  in  citizen's  clothes,  having 
on  black  pants  and  vest,  a  dark-blue  single-breasted 
frock-coat,  black  necktie,  white  socks,  and  a  pair  of 
variegated  cloth  slippers.  His  health  was  not  very  good; 
and  frequently,  when  I  visited  him,  he  was  sitting  up  in 
his  bed,  somewhat  feeble. 

On  the  seventh  of  June,  I  was  sent  for  by  General 
Escobedo.  I  called  at  his  office.  After  a  few  moments' 
conversation,  he  observed  that  he  had  just  made  an  order 
requiring  all  foreigners  to  leave  the  city  on  the  follow 
ing  day.  He  further  said  that  I  was  not  alone  included 
in  the  order.  I  inquired  of  him  if  any  accusations  had 
been  made  against  me ;  to  which  he  replied,  "  Not  any." 
I  then  called  upon  the  Emperor,  and  informed  him  of 
the  fact ;  at  which  he  was  very  much  displeased.  He 
wished  me  to  say  to  General  Escobedo  that  I  was  one 
of  his  counsel,  and  on  that  ground,  to  request  that  I 
could  stay  with  him  through  the  trial.  He  also  desired 
that  I  should  solicit  Mr.  Vasquez,  one  of  his  counsel,  to 
call  upon  General  Escobedo,  and  ask  of  him  permission 
for  me  to  remain.  I  called  on  Mr.  Vasquez,  and  made 
known  to  him  the  desire  of  the  Emperor.  He  refused  to 
comply,  saying  that  he  had  once  that  day  called  upon 
the  general,  and  found  him  in  a  bad  humor,  and  quite 
enraged  about  something.  I  bid  His  Majesty  good- 


MAXIMILIAN. 

bye  that  afternoon,  saying  that  I  did  not  see  how  it  was 
possible  for  me  to  remain  any  longer,  as  the  order  of  the 
commanding  officer  was  positive,  and  must  be  obeyed. 
He  said  to  me  "Good-bye"  most  affectionately,  with  a 
very  complimentary  additional  remark;  and  then  we 
parted.  That  parting  I  never  shall  forget. 

Subsequently,  I  saw  General  Escobedo  again,  and  said 
to  him  that  I  was  one  of  the  Emperor's  counsel,  and 
that  it  was  his  wish  that  I  should  remain  with  him.  He 
replied,  "  Foreigners  cannot  practice  in  our  courts."  I 
might  further  add,  that  if  he  had  the  control  of  the 
nation,  and  the  law-making  power,  he  would  not  allow 
a  foreigner  to  live  in  the  country.  He  did  say,  that 
were  it  in  his  power  to  govern  the  rights  of  foreigners, 
he  would  not  permit  them  to  live  in  Mexico,  unless  they 
became  citizens  of  the  country.  The  following  morning 
I  left  the  city  for  Tacubaya. 


CHAPTER  XIII. 

Court-martial— Accusations— Defence— Trial  and  judgment— Maximilian's  de 
cree  of  October  3d,  1865— Law  of  Juarez,  1862— Treaty  of  Miramar— Corre 
spondence  between  United  States  and  Mexico— Parts  of  the  Mexican  Con 
stitution—Comments  on  the  law. 

BY  an  order  of  Seilor  Don  Benito  Juarez,  as  Presi 
dent  of  the  Republic  of  Mexico,  General  Mariano 
Escobedo,  chief  of  the  forces  at  Queretaro,  was  com 
manded  to  form  an  Ordinary  Council  of  War,  which 
should  be  authorized  and  required  to  try  His  Majesty 
Maximilian,  and  his  generals,  Miramon  and  Mejia, 

The  Government  of  Mexico  recognized  Maximilian 
only  as  Archduke  of  Austria,  and  the  other  two  prison 
ers  as  mere  citizens,  not  acknowledging  their  titles  as 
generals,  but  as  the  "so  called  generals." 

They  were  thus  entered  on  the  records. 

General  Escobedo  telegraphed  to  the  Minister  of  War 
on  the  2Yth  of  May,  1867,  that,  in  answer  to  his  note  of 
the  21st,  he  had  the  honor  to  say  that  proceedings  had 
been  taken  toward  the  trial  of  the  three  mentioned  per 
sons. 

In  accordance  with  the  foregoing  order,  General  Esco 
bedo  appointed  the  following  persons  as  members  of 
that  Council  of  War:  Lieutenant-Colonel  Platon  San 
chez  (President),  Captain  Jose  Vicente  Ramirez,  Emilio 
Lojero,  Ignacio  Jurado,  Juan  Rueday  Auza,  Jose  Veras- 
tigui,  and  Lucas  Villagran. 

Lieutenant-Colonel  Manuel  Aspiroz  was  appointed  by 
the  general  as  Fiscal,  and  Joaquin  M.  Escoto  as  Asesor. 
Both  are  law-officers  of  the  Government.  The  Fiscal's 
duty  is  to  write  the  accusations,  take  the  evidence,  and 


214  MAXIMILIAN. 

manage  the  cause  on  the  part  of  the  Government ;  in 
short,  he  is  the  attorney  for  the  Government.  The  Ase- 
sor's  duty  is  to  examine  the  cause  after  the  court  shall 
have  passed  judgment,  and  to  render  his  opinion  there 
upon,  in  favor  or  against  the  legality  thereof ;  which  opin 
ion  governs  the  commanding-officer,  in  his  approval  or 
disapproval  of  the  judgment. 

The  Minister  of  War  sent  instructions  to  the  Fiscal 
containing  the  main  points  of  complaint ;    upon  which 
the  latter  drew  the  accusations,  which  were  based  oi 
the  alleged  violations  of  the  provisions  of  the  law  beaj-| 
ing  date  January  25th.  A.  D.  1862,  created  by  the  Pi 
dent  of  the  Liberal  party  alone. 

The  three  prisoners  were  tried  together,  although 
upon  separately-written  charges. 

The  first  proceeding,  on  the  part  of  the  Government, 
after  the  formation  of  the  Court,  was  a  preparatory 
writing,  drawn  by  the  Fiscal,  containing  interrogatories 
addressed  to  the  Emperor,  demanding  of  him  to  answer 
whether  he  was  Ferdinand  Maximilian,  Archduke  of 
Austria,  the  so-called  Emperor;  and  for  what  purpose 
he  came  to  Mexico.  To  which  he  answered  that  he  was 
the  aforesaid  Archduke,  and  was  born  July  6th,  1832: 
that  he  came  to  Mexico  at  the  solicitation  of  a  large 
number  of  Mexican  citizens ;  and  that  he  believed  that 
he  was  so  called  by  a  majority  of  said  citizens. 

A  Protest,  bearing  date  May  29th,  was  drawn  by 
Senor  Vasquez,  the  resident  lawyer  of  His  Majesty  at 
Queretaro,  signed  by  Maximilian,  wherein  was  set  forth 
that  various  Mexicans  were  desirous  of  establishing  an 
empire  in  Mexico,  and  to  elect  him  Emperor  thereof; 
that  he  answered  them  that  he  wished  proof  that  a 
majority  of  the  Mexican  people  were  of  that  opinion : 
that  subsequently  an  Assembly  of  Notables  presented 
him  a  document  which  evidenced  that  the  people  of 
Mexico  had  already  adopted  that  form  of  government ; 


MAXIMILIAN.  215 

and  that  believing,  after  an  examination,  that  the  prin 
ciples  therein  laid  down  were  in  accordance  with  the 
will  of  the  Mexican  people,  he  then  consented  to  their 
proposition  to  accept  the  crown ;  that,  accordingly,  he 
governed  Mexico  for  more  than  two  years,  recognized  by 
the  nations  of  Europe.  Also  that  other  facts  presented 
themselves  in  favor  of  his  cause,  namely:  Jesus  G. 
Ortega  proclaimed  himself  President  of  the  Republic 
of  Mexico ;  that  he  had  been  arrested  and  not  yet  tried, 
but  was  waiting  for  a  high  tribunal,  vested  with  compe 
tent  authority ;  and  that  he,  Maximilian,  was  chosen 
Emperor  while  he  was  at  Miramar,  and  did  not,  like 
Ortega,  proclaim  himself  the  head  of  the  Government. 
Finally,  the  Protest  closed,  asking  :  first,  that  the  Coun 
cil  of  War  be  declared  incompetent ;  second,  that  orders 
be  given  to  suspend  all  summary  proceedings  against 
him,  based  upon  the  said  law  of  .Tfl.n]]p.ry  25th.  1862  ; 
third,  that  no  Ordinary  Council  of  War  be  formed  or 
installed,  based  upon  the  said  law  of  January,  the  com 
petency  of  which  he  did  not  recognize.  The  Protest 
had  subjoined  thereto  the  following : 

"  Finally,  I  say,  that  in  conformity  with  the  frankness 
of  my  character,  I  ought  not  to  keep  it  as  a  secret  from 
you,  General,  that  a  true  copy  of  this  writing  is  in  the 
hands  of  the  Hamburg  Consul,  in  order  that  he  may 
transmit  the  same,  when  he  may  be  able,  to  the  Diplo 
matic  Corps,  accredited  near  my  person. 

"  QUEHETARO  May  twenty-ninth,  one  thousand 
eight  hundred  and  sixty-seven. 

"  MAXIMILIAN. 

"  JESUS  M.  VASQUEZ,  Counsel" 

The  foregoing  Protest  was  handed  me  for  examina 
tion,  and  for  an  opinion  as  to  the  points  raised  in  favor 
of  the  defendant.  I  do  not  think  it  was  satisfactory  to 


210  MAXIMILIAN. 

the  lawyers  who  came  from  the  city  of  Mexico  on  behalf 
of  the  Emperor,  nor  to  the  Emperor  himself. 

The  objections  to  the  jurisdiction  made  therein  were 
overruled  by  General  Escobedo;  and  thereupon  the 
Fiscal  prepared  the  accusations  against  Maximilian  in 
the  form  of  interrogatories,  and  propounded  the  same  in 
the  presence  of  the  notary  appointed  to  take  down  the 
answers  that  might  be  given  thereto. 

The  accusations,  answers  of  the  defendant,  and  state 
ments  of  the  notary  therein,  constituted  the  charges  in 
full,  and  were  embraced  in  one  document,  which  was  in 
the  following  language : 

"Maximilian  being  asked  if  he  would  promise  to 
speak  the  truth  as  to  all  he  knew  upon  which  he  might 
be  interrogated,  responded  that  he  would  answer  all 
questions  which  were  not  of  a  political  nature. 

"  Being  asked  concerning  the  charge  of  having  offered 
himself  as  the  principal  instrument  of  the  French  Inter 
vention,  to  carry  out  the  plans  of  said  Intervention, 
which  were  to  disturb  the  peace  of  Mexico,  by  means  of 
a  war,  unjust  in  its  origin,  illegal  in  its  form,  disloyal 
and  barbarous  in  its  execution ;  and  of  arousing  in  Mex 
ico,  the  political  faction  that  has  sacrificed  the  national 
rights  and  interests  in  order  to  satisfy  their  particular 
interest;  and  which  faction  was  already  reduced  and 
unable  to  offer  further  resistance  without  the  assistance 
of  foreign  arms :  in  order  to  destroy  the  constitutional 
Government  of  the  nation  established  by  the  people,  who 
were  in  the  exercise  of  all  its  poAvers,  and  recognized  by 
foreign  nations,  and  even  by  the  very  powers  which 
brought  on  the  Intervention  ;  in  order  to  transform  the 
Republic  into  a  monarchy,  which  would  favor  the  policy 
of  Xapolooji  III.,  in  opposing  American  democracy,  and 
favor  the  base  interests  of  the  French  Government  and 


MAXIMILIAN.  217 

such  men  as  Jeckcr,  who  had  no  other  object  in  view 
than  that  of  obtaining  so  base  and  iniquitious  advantages 
from  a  war  which  has  been  called  a  War  of  Intervention, 
the  records  of  which  constitute  the  First  Charge,  and 
others,  which  are  of  public  notoriety. 

"  To  this  Maximilian  replied,  that  this  question  being 
a  political  one,  he  would  refer  them  to  what  he  had'be- 
fore  answered. 

"The  Fiscal,  after  admonishing  the  defendant,  re 
peated  the  charge  twice  to  him,  without  receiving  any 
other  answer  than  the  former  one. 

"  Being  asked  and  warned  to  answer  to  the  charge  of 
having  come  to  second  and  put  in  practice  the  plans 
above  referred  to  of  the  French  Government,  without 
any  other  title  than  that  which  the  armed  force  of  the 
same  Government  gave  him,  «JTJ_  a  f°w  Y0tpg,  which  he 
pretended  to  call  the  Tiatiou.il  willj  notwithstanding  that 
pretended  expression  of  the  national  will  is  false  in  form 
and  substance,  as  no  one  can  deny  ;  since  the  Mexican 
Republic  being  established  as  it  was  and  as  it  is  on 
the  fun.rlajpf>ntal  Charter  of  185^,  the  only  legitimate 
expresion  of  the  will  of  the  people  is  that  which  is 
denned  in  the  same  charter,  and  regulated  by  the  elec 
toral  laws  in  conformity  with  the  same,  it  being  the 
form  established  by  the^ame  supreme  law  and  respec 
tive  regulations  ;  and  the  only  legitimate  one  through 
which  the  sovereign  will  of  the  Mexicans  can  be  made 
known  ;  and  not  the  votes  of_a  few  persons,  cast  in  a 


_ 

few   particular   towns,    aji^L  thos£_pf    an    incompetent 
minority  of  the  *  Assembly  of  Notables.'  who 


maliciously,  to  represent  the  genuine  will  of  the  people  ; 
pretending  to  make  their  acts  to  express  the  consent  of 
the  people,  and  transforming  the  Republic  into  the  so- 
called  Mexican  Empire.  And  whatever  might  have 
been  the  cause  for  the  proclamation  of  the  monarchy 

10 


218  MAXIMILIAN. 

,  and  Maximilian,  the  votes  obtained  in  the  presence  of  / 
an  armed  force  cannot  be  considered  the  deliberate  and  / 
I  spontaneous  will  of  the  people.  •/ 

"The  false  representation  of  said  national  will  was 
already  proclaimed  by  native  Mexican  traitors  and  for 
eigners  at  the  beginning  of  the  War  of  Intervention, 
as  it  was  known  to  the  world,  a^id^j^rotesj^ 
thg^jjress  of  Europe  and  jVmerisa ;  and  also  the  plans  of 
a  few  wicked  Mexicans,  such  as  Almonte,  Gutierrez 
Estrado,  and  the  diplomatic  efforts  of  the  cabinet  of  the 
Tuilleries,  which  arrived  to  destroy,  at  all  costs,  the 
Republican  Government,  and  to  found,  by  force,  a  Mex 
ican  Monarchy,  at  the  head  of  which  the  French  Govern 
ment  had  resolved  to  place  a  prince  who  would  accept 
*  the  crown,  and  did,  in  effect,  place  the  Prince  who  is 
present. 

"Maximilian  responded  as  he  did  to  the  prior  charge, 
stating  that  his  answer  to  other  charges  which  might 
be  made  would  be  no  other  than  already  given,  if  they 
were  questions  of  a  political  character.  The  Fiscal  then 
repeated  twice  the  foregoing  question  and  charge  last 
made,  and  passed  on  to  the 

"  Third  Charge  :  That  the  Archduke  Maximilian  ac 
cepted  voluntarily  the  responsibilities  of  an  usurper  of 
the  Sovereignty  of  a  people  constituted  as  a  nation  free 
and  independent ;  for  the  acceptance  of  which  respon 
sibilities  he  is  severely  condemned  by  the  legislation  of 
all  nations  and  various  previously  made  laws  of  the 
Republic  of  Mexico,  among  which  last  is  that  of  the 
twenty-fifth  of  January,  one  thousand  eight  hundred 
and  sixty-two,  which  has  ever  since  been  in  force. 

"  The  Fiscal  repeated  the  said  charge  twice,  and  passed 
on  to  the 

"fourth  Charge:  That  of  having,  with  an  armed 
force,  disposed  of  the  lives,  rights,  and  interests  of  the 
Mexican  people. 


MAXIMILIAN.  219 

"  The  Fiscal  repeated  this  charge  twice,  and  passed 
,     on  to  the 

"Fifth  Charge:  That  of  having  made  war  against 
the  Mexican  Republic,  and  by  and  in  many  cases  under 
the^  direction  of  the  Commander-inj^ef^fjheJ^m^ 
armyjin  Mejdco.  Consenting  to,  authorizing,  and  com 
mitting  molestations  and  atrocities  of  all  kinds  which 
could  be  put  into  practice  to  oppress  the  Mexican  peo 
ple,  andjto  impose  upon  them  the  will  of  a  Prince  elects! 
by  the  French  Government  *r>  n^y*>rn  Mp^iro. 

"  Here  the  Fiscal  caused  to  be  read  a  list  of  the  fright 
ful  number  of  executions  by  court-martial  of  Maximilian, 
of  the  Mexican  who  defended  the  cause  of  the  Repub 
lic,  and  also  of  the  pillage  and  burning  of  entire  towns 
throughout  the  Mexican  Territory,  and  especially  in  the 
States  of  Coahuila,  Michoacan,  Sinaloa,  Chihuahua,  Nue- 
vo  Leon,  and  Tamaulipas. 

"  The  Fiscal  here  repeated  this  last  charge  twice,  and 
passed  on  to  the 

"Sixth  Charge:  That  of  having  made,  in  his  own 
name,  a  filibustering  war,  inviting  and  enlisting  for 
eigners  from  all  nations,  principally  Austrians  and  Bel 
gians,  subjects  of  Powers  who  were  not  at  war  with  the 
Mexican  Republic. 

"  The  Fiscal  repeated  this  twice,  and  passed  on  to  the 
"Seventh  Charge:  That  of  having  published  and  of 
having  carried  into  effect  against  the  Mexicans  who  did 
^  not  submit  to  his  authority,  the  barbarous  decree  of 
October  third,  one  thousand  eight  hundred  and  sixty- 
\,  five,  which  gave  power  to  all  commanding  officers  of  the 
so-called  Imperial  army  to  execute  on  the  spot  all  pris 
oners,  without  regard  to  the  rank  or  the  denomination 
of  the  organized  body  which  they  formed,  or  the  cause 
which  they  defended,  and  without  excluding  those  who 
followed  them  unarmed,  or  citizens  who  aided  them  di 
rectly  or  indirectly. 


220  MAXIMILIAN. 

"The  Fiscal  repeated  this  last  charge  twice,  and 
passed  on  to  the 

"  Eighth  Charge :  That  of  having  the  audacity  to  as 
surae  in  his  manifesto  of  the  second  of  October,  which 
served  as  a  preamble  to  the  said  Barbarous  decree,  that 
the  person  at  the  head  of  the  Constitutional  Republican 
Government  had  abandoned  the  Mexican  Territory; 
deducing  from  this  entirely  false  fact  extraordinary 
consequences  in  favor  of  his  tyranny,  and  for  the  perse 
cution  and  disdaining  the  true  patriots  who  were  defend 
ing  the  flag  of  the  Republic. 

"The  Fiscal  repeated  this  last  charge  twice,  and 
passed  on  to  the 

"  N-inth  Charge :  That  of  having  attempted  to  sustain 
his  false  title  of  Emperor  of  Mexico  after  the  French 
army  had  withdrawn  from  Mexico,  and  when  he  saw  the 
Republic  rising  by  his  side  against  the  pretended  Em 
pire  ;  and  in  support  of  which  he  surrounded  himself 
with  some  of  the  men  who,  during  the  civil  war  of  Mexi 
co,  became  famous  for  their  crimes;  that  of  employing 
means  of  violence,  of  death,  and  desolation ;  that  of 
shutting  himself  in  this  plaza  of  Queretaro,  in  order  to 
check  the  victorious  Republicans  from  the  frontiers  of 
the  north  to  this  place ;  and  that  he  did  not  deliver  his 
sword  until  the  plaza  was  taken  by  the  besiegers,  and 
then  to  the  Colonel  of  the  Campana  near  by,  and  on 
being  also  assaulted,  and  in  the  fort  of  which  Campana 
he  took  refuge  with  two  of  his  Generals,  and  a  handful 
of  other  officers,  and  until  after  his  forces  had  been  im 
prisoned  or  dispersed,  leaving  him  no  elements  to  pro 
long  his  defence. 

"  The  Fiscal  repeated  this  charge,  and  passed  on  to 
the 

"  Tenth  Charge :  That  of  having  abdicated  the  false 
title  of  Emperor,  so  that  the  abdication  should  not  take 


SfAXIMILIAX.  221 

effect  immediately,  but  only  when  he  should  be  con 
quered  ;  that  is,  at  a  time  when  he  would  not  be  able  to 
do  so  by  his  will,  but  when  he  found  himself  overcome 
and  compelled  to  abdicate  by  force  of  arms. 

"  The  Fiscal  repeated  this,  and  passed  on  to  the 

"  Eleventh  Charge :  That  of  pretending  to  be  entitled 
to  the  consideration  due  to  a  Sovereign  conquered  in 
war,  when  for  the  Mexican  nation  he  has  not  been  such ; 
not  by  law,  because  of  the  illegality  of  his  title  of  Em 
peror,  which  he  abrogated  to  himself,  not,  in  fact,  be 
cause  he  was  unable  to  sustain  his  title  by  his  own 
forces. 

"  In  respect  to  the  foregoing  charge,  the  Fiscal  read 
the  following  facts  to  him : 

"  That  Maximilian  was  unable  to  establish  peace  under 
his  rule,  even  with  the  assistance  of  the  French  army ; 
that  from  the  complete  evacuation  of  Mexico  by  the 
French  army  to  the  time  of  his  fall,  not  even  three 
months  had  elapsed ;  that  the  Republican  Government 
had  sustained  itself  without  interruption,  notwithstand 
ing  the  strenuous  efforts  of  the  French  and  Maximilian 
to  destroy  it ;  that  the  war  of  Mexico  against  the  French 
intervention,  and  against  the  so-called  Empire,  the  ideal 
of  said  intervention,  has  been  maintained  without  cessa 
tion  for  more  than  five  years,  always  in  the  name  of  the 
Republic,  by  the  authority  and  under  the  direction  of 
the  Government  of  the  same. 

"  The  Fiscal  repeated  this  charge,  and  passed  on  to 
make  the 

"  Twelfth :  That  of  not  recognizing  the  competency 
of  the  Council  of  War,  which  the  law  of  the  twenty-fifth 
of  January,  one  thousand  eight  hundred  and  sixty-two, 
establishes  to  try  offenders  guilty  of  the  crimes  therein 
specified ;  which  crimes,  almost  in  their  totality,  Maxi 
milian  committed,  and  which  law  he  understood,  and  is 


222  MAXIMILIAX. 

applicable  to  him,  because  it  was  already  in  force  before 
he  came  to  Mexico  to  commit  the  specified  crimes  against 
the  independence  and  security  of  the  people,  against  the 
law  of  nations,  against  public  peace  and  order,  against 
individual  guaranties ;  and  which  law  is  now  in  force, 
and  has  been  applied,  being  used  as  an  incontestable 
right  as  inherent  in  the  sovereignty  of  the  country,  and 
by  which  law  the  government  of  the  Republic  has  sus 
tained  itself  in  the  defence  of  the  national  independence 
against  the  French  intervention,  and  that  of  its  internal 
sovereignty  against  the  usurpation  of  Maximilian ;  with 
out  which  there  might  be  some  reason  that  the  law  was 
insufficient  in  this  case. 

"  The  Fiscal  repeated  the  charge  twice,  and  passed  on 
to  the 

"  Thirteenth  Charge :  That  of  protesting  against  the 
competency  of  the  Council  of  War  and  that  of  the  Gene- 
ral-in-chief  to  try  him,  when  the  nation  has  by  its  ancient 
and  modern  laws  deposited  in  said  council  the  adminis 
tration  of  justice  in  time  of  war,  in  order  to  try  those 
who  have  been  conquered  during  it,  or  who,  for  some 
other  reason,  are  subject  to  military  law. 

"  The  Fiscal  called  his  attention  to  the  consequences 
which  he  would  incur  by  persisting  in  denying  the  juris 
diction  of  the  General-in-chief  over  him,  to  whom  he  had 
surrendered  at  discretion.  This  was  repeated  twice,  and 
Maximilian  was  required  to  answer  it,  as  well  as  the  rest 
of  the  foregoing  charges.  The  Fiscal  notified  him  again 
that,  by  the  laws  of  the  country,  all  the  charges  preferred 
against  him  would  be  taken  as  confessed,  if  he  refused 
to  answer  and  defend  himself.  And  not  having  obtained 
any  answer  from  Maximilian,  except  the  one  which  he 
had  previously  given — that  he  could  not  answer  any 
question  of  a  political  character,  because  he  thought  he 
ought  not  to  recognize  the  competency  of  a  military 
judge  to  try  him — the  present  confession  was  finished 


MAXIMILIAN.  223 

and  terminated,  with  the  charges  which  the  Fiscal  and 
Maximilian  will  sign,  with  the  notary  who  subscribes  to 

the  same. 

"  MANUEL  ASPIEOZ. 
"  MAXIMILIAN. 

"  Before  me,  JACINTO  MELENDEZ." 

It  will  not  be  surprising  to  the  professional  man,  nor 
even  to  the  layman,  that  the  reading  of  such  trash  as 
the  foregoing  accusations  and  charges  should  have  pro 
duced  the  remark  which  the  Emperor  made  to  me.  He 
observed,  "  I  had  to  put  my  hand  over  my  mouth  when 
they  were  read  to  me,  to  prevent  laughing." 

We  could  not  expect  to  see  such  a  document  as  that 
issue  from  among  men  where  jurisprudence  is  taught  as 
a  science.  And  the  face  of  Maximilian  will  not  be  the 
only  one  on  which  the  reading  thereof  will  have  pro 
duced  a  smile.  It  will  likewise  cause  surprise  to  those, 
at  least,  who  have  been  nurtured  under  the  benign  in 
stitutions  of  a  free  government,  to  behold  the  trial  of  a 
man,  for  his  life,  under  a  rule  of  law  that  compels  him 
to  be  a  witness  against  himself,  and  if  silent  thereon, 
every  accusation  and  charge  shall  be  taken  to  be  true. 
The  humane  doctrine  advanced  and  adhered  to  in  Eng 
land  and  the  United  States  is,  that  a  man  shall  be 
deemed  innocent  until  proved  guilty;  and  that  the 
temptation  to  perjury  shall  be  held  out  to  no  man 
where  his  life  or  person  is  in  jeopardy.  And  frequently 
in  those  two  countries  a  defendant  has  been  allowed  to 
withdraw  a  plea  of  guilty,  and  to  enter  one  of  "not 
guilty." 

What  civilized  country  authorizes  its  officers  to  pre 
fer  charges  against  a  man  for  raising  a  plea  to  the 
jurisdiction  of  its  tribunals  ?  Where  Justice  reigns,  is 
a  man  to  be  chastised  for  presenting  every,  point  which 
his  counsel  maj  think  valid  in  law  ?  Suppose  the  points 


L  ~  r  MAXIMILIAN. 

arc  overruled,  is  that  evidence  of  a  crime  or  mis 
demeanor  ? 

Such  a  proceeding  is  enough  to  make  a  Repub 
lican  blush,  as  he  is  told  that  it  has  been  carried  out 
under  his  form  of  government. 

The  Emperor  desired  that  I  should  set  forth  my  views 
of  the  law,  in  order  that  the  world  might  know  his  true 
legal  position,  so  for  as  I  was  able  to  state  it,  even 
although  the  Mexican  authorities  should  overrule  the 
positions.  I  did  so,  somewhat  hurriedly.  He  requested 
me  to  send  copies  of  that  defence  to  the  United  States, 
so  that  it  might  be  read  by  the  distinguished  men  of 
that  country.  That  defence  was  in  the  following 
words : 

"  Yv7hereas,  Maximilian  is  now  a  prisoner  in  the  city 
of  Queretaro,  Mexico,  by  virtue  of  his  surrender  to  the 
Mexican  forces,  heretofore,  to  wit,  on  the  15th  of  May, 
A.  D.  1867;    and  whereas   certain  criminal  proceedings    ' 
have  been  ordered  on  certain  charges  and  accusations  I 
against  him  by  the  Mexican  authorities ;  and  whereas  I 
the  said  Maximilian  has,  heretofore,  made  his  solemn 
protest,   denying  the   jurisdiction   of  the   court  estab-J 
lished  for  the  purpose  of  trying  him  on  said  accusations^ 
and  charges :  Therefore,  be  it  known,  that  the  said  Max-    '; 
imilian  hereby  further  protests  against  the  jurisdiction    ', 
of  said  military  court  or  tribunal,  and  against  the  right 
of  any  military  tribunal  to  try  him ;    that  he  is  only  a 
prisoner  of  war,  and  was  so  considered  and  declared  so 
to  be  by  the  Commander-in-chief  of  the  Mexican  Lib 
eral  Army,  to  wThom  he  surrendered  himself,  as  afore 
said. 

."  1st.  He  contends  that  he  is  only  a  prisoner  of  ioar9 
'and  that,  according  to  the  generally  recognized  usages 
and  rules  of  war,  that  if  he  is  to  be  tried  by  any  court, 
or  by  any  law,  the  trial  should  be  before  a  competent 


MAXIMILIAN.  225 

court,  and  lit  accordance  with  International  Law,  as 
understood  among  civilized  nations ;  which  consists  of 
those  rules  of  conduct  which  reason  deduces  as  con 
sonant  to  justice  from  the  nature  of  the  society  existing 
among  independent  nations,  with  such  definitions  and 
modifications  as  has  been  established  by  general  con 
sent. 

"  2d.  That,  according  to  the  generally  recognized 
usages  and  rules  of  International  Law,  no  use  of  force 
is  lawful  except  so  far  as  it  is  necessary.  A  belligerent 
has  therefore  no  right  to  take  away  the  lives  of  those 
subjects  of  the  enemy  whom  he  can  subdue  by  any  other 
means.  Those  who  are  actually  in  arms,  and  continue 
to  resist,  may  be  lawfully  killed ;  but  those  who,  being' 
in  arms,  submit  and  surrender  themselves,  may  not  be 
slain,  because  their  destruction  is  not  necessary  for  ob 
taining  the  just  ends  of  war.  The  killing  of  prisoners 
can  only  be  justified  in  those  extreme  cases  where  re 
sistance  on  their  part,  or  on  the  part  of  others  who  came 
to  their  rescue,  renders  it  impossible  to  keep  them. 
Both  reason  and  general  opinion  concur  in  showing  that 
nothing  but  the  strongest  necessity  will  justify  such  an 
act.  See  Wheaton  on  the  Law  of  Natiojis,  Part  4th, 
Chapter  2d,  Section  2d. 

"  3d.  That,  if  it  be  lawful  to  try  him  by  a  court-mar 
tial,  the  officers  who  compose  the  court  established  by 
the  order  of  the  Mexican  authorities  of  the  Liberal 
Party  are  of  too  low  a  rank,-  according  to  the  usage 
and  rules  of  civilized  nations. 

"  4th.  That  the  internal  sovereignty  of  a  State  does 
not,  in  any  degree,  depend  upon  the  recognition  by 
other  States.  The  existence  of  the  State  de  facto 
is  sufficient,  in  this  respect,  to  establish  its  sove 
reignty  de  jure.  It  is  a  State  because  it  exists.  Upon 
this  principle,  the  Supreme  Court  of  the  United  States 
held,  in  1808,  that  the  internal  sovereignty  of  the  United 


226  MAXIMILIAN. 

States  of  America  was  complete  from  the  time  they  de 
clared  themselves  'free,  sovereign,  and  independent 
States,'  on  the  4th  of  July,  1776.  The  same  principle 
was  recognized  in  the  treaty  with  Great  Britain  and  the 
United  States,  in  1782.  See  Wheaton  on  the  Law  of 
Nations,  Part  1st,  Chapter  2d,  Section  6th. 

"5th.  That  he,  Maximilian,  was  Emperor  and  Sover 
eign  head  of  Mexico  for  a  long  time,  and  as  such  Sover 
eign  head  exercised  jurisdiction  and  control  over  the 
greater  part  of  the  territory  of  Mexico. 

"  6th.  That  he,  Maximilian,  being  the  Sovereign  head 
of  Mexico,  and  so  recognized  by  nearly  all  of  the  nations 
of  the  world,  was  not  and  is  not  subject  to  any  laws  or 
decrees  made  by  the  President  of  the  Liberal  or  any 
other  party,  although  said  President  was  recognized  by 
the  United  States  as  President  of  Mexico,  because  said 
Liberal  party  was  not  the  government  de  facto  of  Mex 
ico,  and  therefore  he  ought  not  to  be  adjudged  by  any 
such  laws  or  decrees. 

"  7th.  That,  according  to  the  rules  and  principles  of 
International  Law,  the  Sovereign  head  of  a  government 
de  facto  cannot  be  tried  or  punished  for  making  or  issu 
ing  any  decree  or  law ;  and  while  within  his  own  govern 
ment,  is  not  amenable  to  the  municipal  laws  of  any  other 
government  or  party.  Therefore,  Maximilian,  upon  legal 
principles,  cannot  be  tried  or  condemned  for  issuing  the 
decree  known  as  the  '  Decree  of  October  3d,'  whatever 
may  be  the  character  of  said  decree.  Every  State  has 
certain  absolute  sovereign  rights;  one  of  the  most  im 
portant  is  the  right  of  self-preservation.  This  right 
necessarily  involves  all  the  incidental  rights  which  are 
essential  as  means  to  give  effect  to  the  principal  end. 
See  Wheaton  on  the  Law  of  Nations,  Part  2d,  Chapter 
1st,  Sections  1,  2  and  3. 

"  8th.  The  law  of  President  Juarez  of  1862,  January 
25th,  is  unconstitutional.  1st.  Because  it  was  made  by 


MAXIMILIAN.  227 

the  President  alone,  who  has  no  authority  to  legislate. 
See  Mexican  Constitution,  Title  3d,  Art.  50,  under  the 
'•Division  of  Powers,'  which  says  that  the  supreme 
power  of  the  federation  is  divided  into  legislative,  ex 
ecutive,  and  judicial  powers ;  that  no  two  of  said  powers 
can  ever  be  united  in  one  person ;  and  that  legislative 
power  shall  never  be  deposited  in  one  individual.  There 
fore  any  law  not  made  by  the  legislative  power  is  un 
constitutional.  2d.  Said  law  is  unconstitutional,  because 
it  punishes  a  man  with  death  for  political  crimes,  con 
trary  to  Art.  23d,  Title  1st,  Section  1st. 

"  9th.  The  powers  given  to  the  President  in  Art.  29, 
Title  1st,  Section  1st,  .Mexican  Constitution,  to  suspend 
certain  guarantees  mentioned  in  said  Constitution,  do 
not  extend  to  those  guarantees  that  secure  the  life  of 
man. 

"10th.  The  word  '  guarantees^  in  the  Constitution 
means  individual  guarantees  or  rights,  and  the  power 
to  suspend  them  does  not  give  the  power  to  the  President 
to  make  laws.  If  the  President  can  make  laws,  he  can 
destroy  the  form  of  the  government,  and  it  would  be 
come  monarchial  rather  than  constitutional.  If  the 
President  can  exercise  legislative  power,  he  can  likewise 
exercise  judicial  power,  and  he  would  then  be  an  auto 
crat. 

"llth.  That  the  Congress  of  Mexico  have  no  power 
to  declare  that  the  President  can  make  laws.  Congress 
cannot  delegate  its  power  to  any  one.  If  it  can  delegate 
its  powers  to  the  President,  then  it  can  do  so  to  any 
other  individual.  Neither  Congress  nor  the  President 
can  destroy  the  form  of  government  by  giving  each 
other  a  part  of  their  respective  constitutional  powers. 
All  the  powers  of  Congress  are  mentioned  in  Title  3d, 
Section  1st,  Paragraph  3d,  Art.  72 ;  and  there  is  no  au 
thority  given  to  delegate  the  powers  of  Congress  to  the 
President.  According  to  Title  6th,  Art.  117,  the  powers 


228 

which  are  not  expressly  conceded  in  the  Constitution  to 
the  federal  functionaries  are  understood  to  be  reserved 
to  the  States.  Art.  126th,  Title  Gth,  says  that  'This 
Constitution,  the  laics  of  the  Congress  of  the  Union 
which  emanate  from  it,  and  all  treaties  made,  or  which 
may  be  made  by  the  President  of  the  Republic,  with 
the  approbation  of  Congress,  shall  be  the  supreme  law 
of  the  Union.'  It  does  not  say  that  the  laws  of  the 
President  shall  be  the  supreme  law  of  the  land,  but,  on 
the  contrary,  none  but  the  laws  of  the  Congress  of  the 
Union.  And,  further,  under  the  head  '  Of  the  Inviola 
bility  of  the  Constitution,'  Title  8th,  Art.  128th,  it  says, 
*  This  Constitution  shall  not  lose  its  force  and  vigor  even 
in  time  of  rebellion? 

"  12th.  The  late  or  present  war  being  a  civil  war,  the 
punishment  of  death  cannot  be  awarded  for  political 
crimes,  according  to  the  said  Art.  23d. 

"  13th.  That  there  is  a  distinction  between  an  execu 
tive  regulation  and  a  law.  The  executive  can  only  pro 
vide  for  the  execution  of  the  law;  consequently  a  regula 
tion  or  decree  of  the  President  conflicting  with  any  exist 
ing  law,  or  the  Constitution,  is  void.  Lares,  in  his  DerecJio 
Administrate o,  page  19,  says:  'Neither  the  judicial 
nor  administrative  tribunals  are  under  any  obligation  to 
obey  illegal  reglamentos*  (regulations).  Such  is  the 
opinion  of  the  writers  on  the  Civil  law  which  is  in  force 
in  Mexico. 

"  14th.  That  if  the  said  war  is  &  foreign  one,  then  Max 
imilian  is  not  guilty  of  treason,  as  he  is  an  Austrian. 

"  15th.  That  whilst  a  civil  war,  involving  the  contest 
for  the  government,  continues,  other  States  may  remain 
indifferent  spectators  of  the  controversy,  or  may  espouse 
the  cause  of  either.  The  positive  law  of  nations  make 
no  distinction  between  a  just  and  an  unjust  war  in  this 
respect ;  and  the  intervening  State  becomes  entitled  to 
till  the  rights  of  war  against  the  opposite  party.  And 


MAXIMILIAN.  229 

the  fact  that  foreign  States  in  Europe  furnished  him, 
Maximilian,  troops  and  munitions  of  war,  or  whether 
such  troops  rendered  him  aid  voluntarily,  does  not,  ac 
cording  to  the  law  of  nations,  change  his  rights  as  a 
contestant  in  the  struggle  for  the  supremacy  of  gov 
ernment. 

"  10th.  That  the  general  usage  of  nations  regards  a 
civil  war  as  entitling  both  the  contending  parties  to  all 
the  rights  of  war  against  each  other,  and  even  as  re- 
spects  neutral  nations.  And  therefore,  if  the  decree  of 
Juarez,  of  January  25th,  1862,  was  legally  made  which 
punished  with  death  prisoners  of  war,  then  Maximilian 
was  justified  in  issuing  the  decree  of  October  3d,  1885, 
in  retaliation,  it  being  only  equal  in  severity. 

"  17th.  That,  as  a  fact,  the  French  forces  under  Mar 
shal  Bazaine  were  not  subject  to  the  control  of  Maxi 
milian  in  regard  to  their  military  regulations,  orders, 
and  movements,  as  will  appear  by  the  treaty  of  Miramar ; 
but  only  so  in  regard  to  their  political  government 
while  in  the  Empire  of  Mexico. 

"  18th.  That  the  said  decree  of  October  3d,  1865,  was 
drawn  by  instructions,  and  according  to  the  direction 
of  Marshal  Bazaine ;  and  that  he,  Maximilian,  was  in 
formed  that  the  said  Marshal  Bazaine  enforced  a  part 
of  said  decree  before  it  was  signed  by  said  Maximilian. 

"  19th.  That  at  the  time  said  Maximilian  signed  said 
decree,  Marshal  Bazaine  stated  to  him,  Maximilian,  that 
ex-President  Juarez  had  positively  left  the  territorial 
jurisdiction  of  Mexico,  and  that  he  was  then  in  the 
State  of  Texas,  in  the  United  States  of  North  America. 

"  20th.  That  the  said  Maximilian,  after  he  left  the  city 
of  Mexico  for  Orizaba,  at  the  Hacienda  Zoquiapam,  on 
the  21st  of  October,  1866,  annulled  said  decree;  but 
that  said  annulment  thereof  was  secreted  by  the  said 
Marshal  Bazaine  for  three  weeks  before  the  same  was 
published,  although  he,  the  said  Maximilian,  sent  three 


230  MAXIMILIAN. 

despatches  to  the  city  of  Mexico,  ordering  the  said  an 
nulment  to  be  published  forthwith.  Therefore,  upon 
principles  of  natural  justice  and  the  usage  of  nations,  the 
said  decree  of  January  25th,  1862,  if  ever  legal,  should 
not  have  been  enforced  after  the  annulment  of  the  said 
decree  of  Maximilian  of  October  3d,  1865. 

"  21st.  And  the  said  Maximilian  hereby  declares,  as  a 
fact,  that  in  no  single  instance  did  he  ever  issue  an 
order  to  take  the  life  of  any  particular  prisoner  or 
prisoners ;  but  that,  on  the  contrary,  whenever  he  was 
informed  that  prisoners  of  war  were  in  the  possession  of 
his  forces,  he  immediately  issued  orders  not  to  take  the 
life  of  any  of  them. 

"  22d.  And  further,  as  one  of  the  charges  preferred 
against  him,  Maximilian,  is,  that  of  contumacy  in  ob 
jecting  to  the  jurisdiction  of  the  court  ordered  to  try 
him,  he  avers  that  that  is  a  question  of  law  ;  and  that 
in  every  court  in  civilized  nations  it  is  the  legal  right 
of  a  defendant  to  make  such  objections  as  he  may  be  by 

:~ounsel  advised. 
"FEEDEKIC  HALL,  Of  Counsel." 

The  foregoing  points  of  defense  were  prepared  on  the 
4th  of  June,  and  translated  into  Spanish.  The  counsel 
from  the  city  of  Mexico  having  arrived  on  the  5th,  those 
points  were  presented  to  them  for  consideration.  They 
observed  to  His  Majesty,  to  the  Diplomatic  Corps,  and 
to  myself,  that  they  fully  concurred  in  the  foregoing 
opinion. 

On  the  6th,  Messrs.  Ortega  and  Yasquez  filed  a  peti 
tion  in  the  nature  of  a  plea  to  the  jurisdiction,  wherein 
they  set  forth  that,  according  to  the  128th  Art.  of  the 
Constitution,  in  case  of  the  observance  of  that  Constitu 
tion  being  interrupted  by  a  rebellion,  and  that  the  peo 
ple  thereafter  should  recover  their  liberty,  the  re-estab 
lishment  of  that  instrument  should  immediately  take 


MAXIMILIAN.  231 

place ;  that,  in  accordance  with  its  provisions  and  the 
laws  under  it,  the  persons  who  rebelled  against  it  should 
be  tried ;  that  the  defendant,  Ferdinand  Maximilian,  is 
N,on  trial  as  the  head  of  the  rebellious  government  formed 
contrary  to  the  Constitution  of  1857,  and  therefore  the 
128th  should  govern. 

That  the  same  Constitution,  in  treating  of  the  judicial 
power  of  the  Federation,  provides  in  Art.  97,  that  the 
Federal  tribunals  are  clothed  with  the  power,  among 
others,  to  try  those  cases  in  which  the  Federation  is  a 
party;  that  the  Federation  is  a  party  in  all  cases  in 
which  it  has  an  interest ;  that  it  has  in  no  case  more 
interest  than  where  the  rights  of  the  nation  have  been 
violated. 

That  it  is  quite  clear,  according  to  said  Art.  97,  and 
Arts.  100,  104,  and  105,  that  the  Federal  tribunals  have 
jurisdiction  of  the  cause  of  Maximilian.  That  the  Fed 
eral  tribunals  are  the  District,  Circuit,  and  Supreme 
Court,  as  well  as  Congress,  in  certain  cases ;  that  only 
in  such  courts  ought  the  defendant  to  be  tried,  and  not 
in  any  Council  of  War,  either  ordinary  or  extraordi 
nary.  That,  according  to  Art.  13  of  the  Constitution, 
no  person  can  be  tried  by  private  laws,  nor  by  special 
tribunals;  that  the  laws  of  January  25th,  1862,  is  a  pri 
vate  law,  and  the  Council  of  War  a  special  tribunal. 
That  Art.  23d  prohibits  the  punishment  of  death  for 
political  crimes,  except  against  traitors  in  a  foreign  war ; 
that  the  defendant,  Maximilian,  is  a  foreigner,  and  can 
not  be  a  traitor ;  that  it  is  clear  that  said  law  of  January 
25th,  1862,  is  contrary  to  the  said  Articles  13  and  23 
of  the  Constitution  of  1857.  That  Art.  29  of  that  in 
strument  authorizes  the  suspension  of  certain  guaran 
tees,  but  that  it  is  equally  clear  that  it  does  not  extend 
to  cases  which  secure  the  life  of  man ;  that  no  extraor 
dinary  faculties  could  enable  the  President  to  enact  laws 
contrary  to  the  Constitution ;  and  that  the  Constitution 


232  MAXIMILIAN. 

can  only  be  changed  by  a  two-third  vote  of  the  members 
of  Congress,  and  the  approval  thereof  by  a  majority  of 
the  Legislatures  of  the  States. 

The  petition,  or  plea,  closes  with  a  prayer  that  the 
Council  of  War  be  declared  incompetent  to  try  the  de 
fendant  Maximilian,  asking  that  he  may  be  tried  by 
the  Federal  tribunals ;  and  that  if  the  general  in  com 
mand  does  not  wish  to  take  the  responsibility  of  deciding 
the  question,  that  he  consult  the  Supreme  Government 
upon  that  point. 

Such  were  the  principal  points  of  law  raised  against  j 
the  jurisdiction  of  the  court  on  the  6th  of  June ;  and  the* 
same  being  presented  to  the  commanding  general,  and 
by  him  considered,  were  overruled,  and  the  party  ordered 
to  trial. 

The  Emperor  and  his  counsel  were  desirous  of  post 
poning  the  trial  as  long  as  possible ;  but  were  compelled 
^o;£jx)tnalj3n  13th  of  June.  ^,^s*^- 

On  that  day,  at  six  o'clock  in  the  morning,  fifty 
mounted  men  of  the  Cazadores  de  Galeana  (Sharp 
Shooters  of  Galeana),  and  fifty  infantry  of  the  batallion 
called  the  Supreme  Powers,  formed  in  front  of  the  door 
of  the  Convent  of  Capuchinaa. 

At  eight  o'clock,  the  Court,  dressed  in  full  uniform, 
assembled  in  the  Iturbide  Theatre, — a  building  which 
will  contain  about  fifteen  hundred  persons.  On  that 
occasion  the  house  was  filled. 

The  Court  and  two  of  the  prisoners  occupied  the  stage. 
At  nine  o'clock  Generals  Miramon  and  Mejia  entered  a 
carriage  and  were  conducted  to  the  place  of  the  court, 
escorted  by  the  force  above  mentioned. 

The  Emperor  was  a  little  unwell,  and  did  not  appear 
in  court.  Had  it  been  necessary  he  could  have  gone ; 
but  he  had  too  much  discretion  to  make  a  show  of  him- 
celf  to  a  curiosity-seeking  crowd.  He  remarked  that  if 


MAXIMILIAN.  233 

they  intended  to  convict  him,  they  would  do  it  whether 
he  was  present  or  absent. 

The  President  of  the  Council  of  War  opened  the  court 
immediately  after  the  arrival  of  the  two  aforesaid  de 
fendants,  and  the  Fiscal  commenced  to  read  the  cause. 
So  far  as  the  Emperor's  case  was  concerned,  no  witnesses 
were  introduced  by  either  party.  The  Fiscal  read  some 
records  of  the  shooting  of  General  Ateaga  and  Colonel 
Salasa,  who  were  executed  by  order  of  General  Mendez, 
at  Morelia,  in  the  State  of  Michoacan,  in  October,  1865. 
It  appears  that  they  tried  him  for  every  execution  that 
could  be  thought  of  which  was  made  under  the  Empire. 
It  certainly  will  be  considered  by  the  world  as  an  an 
omaly  in  judicial  proceedings.  Some  printed  decrees  and 
other  documents,  purporting  to  be  signed  by  the  Empe 
ror,  were  introduced,  without  any  proof  that  they  were 
genuine.  This  evidence  was  supported,  the  Fiscal  con 
tended,  by  the  law  that  permits  the  evidence  of  public, 
notoriety  to  be  adduced  in  proof  of  the  acts  of  the  de 
fendant.  Not  a  witness  was  sworn  in  the  case  to  testify 
upon  any  point. 

As  the  three  cases  were  tried  together,  the  reading  of 
the  charges,  documentary  evidence,  and  written  argu 
ments  occupied  two  days.  On  the  second  day  neither 
of  the  defendants  were  in  court. 

After  the  Fiscal  had  presented  his  views  of  the  law, 
the  opinion  of  Messrs.  Ortega  and  Yasquez,  dated  June 
12th,  1867,  with  their  signatures  attached  thereto,  was 
read.  My  name  will  not  be  found  in  the  record  of  the 
cause  :  being  a  foreigner,  the  law  would  not  permit  me 
to  make  an  appearance  in  court,  nor  to  file  any  paper  in 
the  cause  as  counsel.  But  it  will  be  observed  that  my 
views  of  the  law,  laid  down  in  the  document  written  on 
the  fourth  of  June  by  me,  are  adopted  in  the  petition, 
or  plea,  to  the  jurisdiction  of  the  court,  written  by  Messrs. 
Ortega  and  Yasquez,  on  the  sixth  of  June.  The  same 


234  MAXIMILIAN. 

principles  are  advanced  by  them  in  their  written  argu 
ment  of  the  13th.  I  will  state  that  it  was  my  intention 
to  have  written  a  more  lengthy  opinion,  had  I  been 
allowed  to  remain  in  Queretaro  until  the  termination  of 
the  trial,  and  to  have  sustained  my  points  by  references 
to  the  authorities  found  in  the  work  of  Justice  Story  on 
the  Constitution  of  the  United  States,  and  the  decisions 
of  the  Supreme  Court  of  our  country — provided  I  should 
have  been  able  to  obtain  them  from  the  United  States 
Consul's  office  in  the  city  of  Mexico.  What  I  wrote 
were  points  briefly  stated,  as  is  quite  apparent,  upon 
which,  thereafter,  I  desired  to  extend  my  argument. 
As  the  Emperor  especially  desired  my  humble  opinion 
to  be  sent  abroad,  that  the  legal  points,  if  of  any  value 
in  his  favor,  should  be  known,  although  lie  might  be 
convicted  by  that  court ;  and  inasmuch  as  I  was  a  for 
eigner  in  Mexico,  and  not  allowed  to  make  an  appear 
ance  in  the  cause,  I  deem  it  due  to  myself  to  make  this 
statement  as  to  my  position. 

It  would  be  far  more  in  unison  with  my  feelings  to  in 
sert  herein  the  written  argument  of  Messrs.  Ortega  and 
Vasquez ;  but  its  length  is  the  reason  rendered  for  its 
non-appearance.  The  following  is  given  as  embracing, 
in  brief,  the  points  of  their  discussion  : 

They  presented  their  objections  to  the  proceedings 
upon  the  grounds  of  the  unconstitutionality  of  the 
law  of  January  25th,  1862,  as  contained  in  their  plea  to 
the  jurisdiction  of  the  court  on  the  sixth  of  June  ;  that 
there  was  no  proof,  either  oral  or  documentary,  that 
supported  the  charges ;  that  under  the  legislation  of  no 
country  is  a  defendant  prohibited  from  presenting  any 
objection  to  the  court  or  proceedings  which  he  may 
think  valid  in  law  ;  that  if  he  does  present  them,  it  is  no 
crime,  although  the  decision  thereon  be  against  him ; 
that  the  court  is  not  an  inquisition ;  that,  according  to 


MAXIMILIAN.  235 

the  legislation  of  Mexico,  hearsay  testimony  is  of  no  value ; 
that  such  testimony  is  contrary  to  the  doctrine  laid  down 
in  law  28th,  title  16,  of  the  3d  Partidas  ;  that,  according 
to  the  law  of  Mexico,  two  witnesses  of  good  character 
who  saw  the  alleged  act  committed  are  required  for  full 
proof  (prueba  plena) ;  that  proof  of  public  notoriety  is 
not  allowed  when  witnesses  can  be  obtained  who  wit 
nessed  the  commission  of  the  alleged  crime.  Here  coun 
sel  cited  the  authority  of  Escriche,  under  the  title  "  Fa- 
ma"  showing  that  the  testimony  called  that  of  "public 
notoriety"  in  criminal  cases,  is  of  no  value ;  and  that 
Escriche  says,  "  Notoriety,  although  it  may  be  proved, 
is  not  generally  full  proof,  because  many  times  it  is  false 
and  deceiving ;  as  the  common  laws  says,  "Dictum  uni- 
cus  facile  sequitur  midtitudo"  They  also  quoted  the 
following  from  Ferraris :  "  Fama  regulariter  loquendo 

de  per  se  non  facit  plenam  probationem facit 

tamen  semiplenam  probatium  in  causes  civilibus,  secus 
autem  in  criminalibus,  ubi  requiruntur  probationes  in- 
dubitata  et  luce  meridiana  clariores"  Which  law  clearly 
illustrates  that  the  civil  law  does  not  consider  public  no 
toriety  sufficient  in  a  civil  case,  and  much  less  in  a  crim 
inal  one.  The  same  doctrine  is  supported  by  Febrero, 
in  Lib.  3d,  title  2d,  chap.  12,  num.  108,  wherein  he  says 
that  "  public  notoriety,  in  criminal  causes,  is  no  proof, 
because  that  ought  to  be  clear  as  light,  conclusive,  un 
doubted,  and  not  to  be  determined  by  suspicions." 

The  counsel  further  contended  that,  by  the  said  law 
of  January  25,  1862,  in  Art.  6,  that  public  notoriety  was 
sufficient  to  institute  an  inquiry,  as  provided  by  the 
General  Ordinance  of  the  Army  and  Law  of  September 
15,  1857 ;  but  that  said  laws  do  not  hold  that  such  testi 
mony  is  sufficient  to  convict  a  party ;  and  that,  accord 
ing  to  Escriche,  under  title  "  Collar"  (to  be  silent), 
that  no  one  was  obliged  to  accuse  himself,  and  that 
silence  is  not  proof  that  the  alleged  charges  are  true ; 


236  MAXIMILIAN. 

and  that  the  55th  Article  of  the  Ordinance  says,  that 
"to  sustain  the  sentence  of  death,  every  judge  ought  to 
recollect  that  there  must  be  conclusive  proof  of  the 
crime,  unless  the  defendant  has  confessed  the  crime." 

That  the  crime  must  be  proved  as  alleged,  and  that 
the  criminal  intent  must  also  be  shown  to  have  existed, 
in  order  to  constitute  a  crime. 

That  the  decree  of  the  Emperor,  of  October  3,  1865, 
would  favorably  compare  with  the  said  law  of  January 
25,  1862. 

The  counsel  then  referred  to  the  noble  example  of  the 
United  States  in  behalf  of  Jefferson  Davis ;  that  he  had 
been  conquered  in  1865,  and  not  subjected  to  an  incom 
petent  tribunal  for  trial ;  that  when  the  popular  crowd 
of  Paris  severed  the  head  of  Louis  XVI.,  the  impartial 
opinion  of  the  world  did  not  approve  the  act ;  that  the 
English  of  the  present  day  do  not  sustain  the  execution 
of  Charles  I. ;  and  that  Charles  X.  of  France,  in  1830, 
had  his  life  respected. 

Such  is  a  summary  of  the  points  taken  by  the  counsel 
in  their  written  argument  for  the  defence.  After  which, 
they  orally  commented  upon  the  case,  Mr.  Ortega  clos 
ing  the  discussion. 

On  the  14th  day  of  June,  the  arguments  being  closed 
in  the  three  cases,  the  public  session  was  adjourned,  and 
a  private  one  opened,  for  the  consideration  of  the  case ; 
and  at  the  end  of  their  deliberation,  at  eleven  o'clock  at 
night,  a  unanimous  decision  of  guilty,  with  the  punish 
ment  of  death,  was  pronounced  against  each  of  the  de 
fendants. 

On  that  night  the  papers  in  the  cause  were  passed 
over  to  the  Asesor  for  his  examination,  who,  on  in 
vestigation  thereof,  rendered  an  opinion  that  the  same 
were  valid  ;  whereupon  the  commanding  general,  Es- 
cobedo,  signified  his  approval,  making  the  same  final. 

In  order  to  have  a  complete  understanding  of  the 


MAXIMILIAN.  237 

Emperor's  cause,  it  will  be  necessary  to  examine  the  law 
of  January  25th,  1862  ;  the  decree  of  the  Emperor  dated 
October  3d,  1865  ;  certain  parts  of  the  Mexican  Consti 
tution  which  are  applicable  to  the  cause ;  the  treaty  of 
Miramar ;  and  the  correspondence  between  the  United 
States  and  Mexico  relative  to  the  preservation  of  the 
life  of  Maximilian. 

The  placing  of  the  foregoing  correspondence  as  one 
of  the  documents  in  the  case,  may  produce  a  smile  from 
the  members  of  the  bar ;  but  although  it  was  not  pro 
duced  on  the  trial  as  evidence  in  support  of  the  issue  on 
either  side,  it  was  so  impressed  upon  the  minds  of  a 
large  number  of  Mexicans,  that  it  was  scarcely  possible 
to  keep  it  out  of  the  scales  of  justice.  That  it  had  great 
weight  in  the  discussions  outside  of  the  court  is  certain. 
Whether  the  court  was  entirely  free  from  its  influence 
remains  doubtful. 

It  created  so  much  excitement  and  discussion  through 
out  Mexico,  in  connection  with  the  fate  of  Maximilian, 
that  it  was  considered  proper  and  convenient  to  include 
it  herein,  so  that  the  reader  might  not  be  compelled  to 
look  elsewhere  to  obtain  a  correct  idea  of  its  tenor. 

Neither  was  the  treaty  of  Miramar  adduced  as  evi 
dence  ;  but  it  might  have  been  an  important  feature,  as 
showing,  in  respect  to  the  direct  acts  of  French  officers, 
a  want  of  criminal  intention  or  injustice  on  the  part  of 
the  Emperor  in  connection  therewith,  when  they  shielded 
themselves  under  that  treaty  in  committing  acts  wholly 
at  variance  with  his  wishes. 

The  laws,  treaty,  and  correspondence  referred  to,  are 
the  following: 

PROCLAMATION    OF    H.    M.    THE    EMPEROR. 

"MEXICANS  ! — The  cause  which  D.  Benito  Juarez  de 
fended  with  so  much  valor  and  constancy,  has  already 
succumbed  under  the  force,  not  only  of  the  national 


238  MAXIMILIAN. 

will,  but  also  of  the  very  law  which  that  officer  invoked 
in  support  of  his  pretensions.  To-day,  even  the  faction 
into  which  the  said  cause  degenerated,  is  abandoned,  by 
the  departure  of  its  chief  from  the  native  soil. 

"The  National  Government  for  a  long  time  was 
lenient,  and  exercised  great  clemency,  in  order  to  give 
the  chance  to  misled  and  misinformed  men  to  rally  to 
the  majority  of  the  nation,  and  to  place  themselves  anew 
in  the  path  of  duty.  It  has  fulfilled  its  object ;  the 
honorable  men  have  assembled  under  its  banner,  and 
have  accepted  the  just  and  liberal  principles  which  regu 
late  its  politics.  The  disorder  is  only  maintained  by 
some  leaders  carried  away  by  unpatriotic  passions,  and 
assisted  by  demoralized  persons  who  cannot  reach  to  the 
level  of  political  principles,  and  by  an  unprincipled  sol 
diery,  the  last  and  sad  remnants  of  the  civil  wars. 

"  Hereafter  the  contest  will  only  be  between  the  hon 
orable  men  of  the  nation  and  the  gangs  of  criminals  and 
robbers.  Clemency  will  cease  now,  for  it  would  only 
profit  the  mob,  who  burn  villages,  rob  and  murder  peace 
ful  citizens,  poor  old  men,  and  defenceless  women. 

"  The  Government,  resting  on  its  power,  from  this  day 
will  be  inflexible  in  its  punishments,  since  the  laws  of 
civilization,  the  rights  of  humanity,  and  the  exigencies 
of  morality  demand  it. 

"  MAXIMILIAN. 

"MEXICO,  October  3d,  1865." 

"  MAXIMILIAN,  Emperor  of  Mexico.  Having  heard  our 
Council  of  Ministers  and  our  Council  of  State,  We  De 
cree  : 

"ART.  1.  All  persons  belonging  to  armed  bands  or 
corps  not  legally  authorized,  whether  they  proclaim  or 
not  any  political  principles,  and  whatever  be  the  number 
of  those  who  compose  the  said  bands,  their  organiza 
tion,  character,  and  denomination,  shall  be  tried  niili- 


MAXIMILIAN.  239 

tarily  by  the  courts-martial,  and  if  found  guilty  even 
of  the  only  fact  of  belonging  to  the  band,  they  shall  be 
condemned  to  capital  punishment  within  twenty-four 
hours  following  the  sentence. 

"  ART.  2.  Those  who,  belonging  to  the  bands  men 
tioned  in  the  previous  article,  shall  be  captured  with 
arms  in  their  hands,  shall  be  tried  by  the  officer  of  the 
force  which  has  captured  them ;  and  he  shall,  within  a 
delay  never  extending  over  twenty-hours  after  the  said 
capture,  make  a  verbal  inquest  of  the  offence,  hearing 
the  defence  of  the  prisoner.  Of  this  inquest  he  shall 
draw  an  act,  closing  with  the  sentence,  which  must  be 
to  capital  punishment,  if  the  accused  is  found  guilty, 
even  if  only  of  the  fact  of  belonging  to  the  band.  The 
officer  shall  have  the  sentence  executed  within  the  twenty- 
four  hours  aforesaid,  seeing  that  the  criminal  receive 
spiritual  assistance.  The  sentence  having  been  executed, 
the  officers  shall  forward  the  act  of  inquest  to  the  Min 
ister  of  War. 

"ART.  3.  From  the  penalty  established  in  the  pre 
ceding  Articles,  shall  only  be  exempted  those  who,  hav 
ing  done  nothing  more  than  being  with  the  band,  will 
prove  that  they  were  made  to  join  it  by  force,  or  did 
not  belong  to  it,  but  were  found  accidentally  in  it. 

"ART.  4.  If,  from  the  inquest  mentioned  in  Article 
2d,  facts  are  elicited  which  induce  the  officer  holding  it 
to  believe  that  the  prisoner  was  made  to  join  the  band 
by  force,  without  having  committed  any  other  crime,  or 
that  he  was  found  accidentally  in  it,  without  belonging 
to  it,  the  said  officer  shall  abstain  from  passing  sentence, 
and  he  shall  send  the  accused,  with  the  respective  act  of 
inquest,  to  the  proper  court-martial,  in  order  that  the 
trial  be  proceeded  with  by  the  latter,  in  conformity  with 
Article  1st. 

"ART.  5.  Shall  be  tried  and  sentenced  conformably 
with  Article  1st  of  this  law: 


240  MAXIMILIAN. 

"  1.  All  those  who  will  voluntarily  assist  the  guernlle- 
ros  with  money  or  any  other  means  whatever. 

"  2.  Those  who  will  give  them  advice,  information, 
or  counsels. 

"3.  Those  who  voluntarily,  and  knowing  that  they 
are  guerrilleros,  will  put  within  their  reach  or  sell  them 
arms,  horses,  ammunition,  subsistence,  or  any  articles  of 
war  whatever. 

"  ART.  6.  Shall  be  also  tried  conformably  with  the 
said  Article  1  st : 

"  1.  Those  who  will  hold  with  the  guerrilleros  such 
relations  as  infer  connivance  with  them. 

"  2.  Those  who  voluntarily  and  knowingly  will  con 
ceal  them  in  their  houses  or  estates. 

"  3.  Those  who,  by  words  or  writing,  will  spread 
false  or  alarming  reports,  by  which  public  order  may  bo 
disturbed,  or  will  make  against  it  any  kind  of  demon' 
stration  whatever. 

"  4.  All  owners  or  administrators  of  rural  estates  who 
will  not  give  prompt  notice  to  the  nearest  authority  of 
the  passage  of  some  band  through  the  same  estates. 

"Those  included  in  paragraphs  1st  and  2d  of  this 
Article,  shall  be  punished  by  imprisonment  from  six 
months  to  two  years,  or  by  hard  labor  from  one  to 
three  years,  according  to  the  gravity  of  the  case. 

"  Those  who,  being  included  in  paragraph  2d,  were  the 
ascendants,  descendants,  spouses,  or  brothers  of  the  party 
concealed  by  them,  shall  not  suffer  the  penalty  afore 
said;  but  they  shall  remain  subject  to  the  vigilance  of 
the  authorities  during  the  time  the  court-martial  will  fix. 

"Those  included  in  paragraph  3d  of  this  Article, 
shall  be  punished  by  a  fine  of  from  $25  to  $1,000,  or 
by  imprisonment  from  one  month  to  one  year,  accord 
ing  to  the  gravity  of  the  offence. 

"Those  included  in  paragraph  4th  of  this  Article, 
shall  be  punished  by  a  fine  of  from  $200  to  $2,000, 


MAXIMILIAN.  241 

"ART.  7.  The  local  authorities  of  the  villages  who 
shall  not  give  notice  to  their  immediate  superiors  of 
the  passage  through  their  villages  of  armed  men,  shall 
be  ministerially  punished  by  the  said  superiors,  by  a 
fine  of  from  $200  to  $2,000,  or  by  seclusion  from  three 
months  to  two  years. 

"  ART.  8.  Whatever  resident  of  a  village  who,  hav 
ing  information  of  the  proximity  or  passage  of  armed 
men  by  the  village,  shall  not  give  notice  of  it  to  the  au 
thorities,  shall  suffer  a  fine  of  from  $5  to  $500. 

"ART.  9.  All  residents  of  a  village  threatened  by 
any  gang,  who  are  between  the  ages  of  eighteen  and 
fifty-five  years  and  have  no  physical  disability,  are 
obliged  to  present  themselves  for  the  common  defence, 
as  soon  as  called,  and  for  failing  to  do  so,  they  shall  be 
punished  by  a  fine  of  from  $5  to  $200,  or  by  imprison 
ment  of  fifteen  days  to  four  months.  If  the  authorities 
think  more  proper  to  punish  the  village  for  not  having 
defended  itself,  they  may  impose  upon  it  a  fine  of  from 
$200  to  $2,000,  and  the  said  fine  shall  be  paid  by  all 
those  together,  who,  being  in  the  category  prescribed 
by  this  Article,  did  not  present  themselves  for  common 
defence. 

u  ART.  10.  All  owners  or  administrators  of  rural  es 
tates,  who,  being  able  to  defend  themselves,  will  not 
prevent  the  entrance  in  the  said  estates  of  c/uerrilleros  or 
other  malefactors ;  or,  after  these  have  entered,  will  not 
give  immediate  information  of  it  to  the  nearest  military 
authority;  or  will  receive  on  the  estates  the  tired  or 
wounded  horses  of  the  gangs,  without  notifying  the  said 
authority  of  the  fact,  shall  be  punished  for  it  by  a  fine 
of  $100,  according  to  the  importance  of  the  case;  and 
if  it  is  of  great  gravity,  they  shall  be  put  in  prison  and 
sent  to  the  court-martial,  to  be  tried  by  the  latter  con 
formably  with  the  law.  The  fine  shall  be  paid  to  the 
principal  Administration  of  Rents,  to  which  the  estate 

11 


242  .MAXIMILIAN. 

belongs.  The  provision  of  the  first  part  of  this  Article 
is  applicable  to  the  populations. 

e'ART.  11.  Whatever  authorities,  whether  political, 
military,  or  municipal,  shall  abstain  from  proceeding, 
in  conformity  with  the  provisions  of  this  law,  against 
parties  suspected  or  known  to  have  committed  the  of 
fences  provided  for  in  said  law,  shall  be  ministerially 
punished  by  a  fine  of  from  $50  to  $1,000;  and,  if  it  ap 
pears  that  the  fault  Avas  of  such  nature  as  to  import 
complicity  with  the  criminals,  the  said  authorities  shall 
be  submitted,  by  order  of  the  Government,  to  the  court- 
martial,  to  be  tried  by  the  latter,  and  punished  accord 
ing  to  the  gravity  of  the  offence. 

"ART.  12.  Thieves  shall  be  tried  and  sentenced  in 
conformity  with  Article  1st  of  this  law,  whatever  may 
be  the  nature  and  circumstances  of  the  theft. 

"ART.  13.  The  sentences  of  death,  pronounced  for 
offences  provided  for  by  this  law,  shall  be  executed 
within  the  delays  prescribed  in  it ;  and  it  is  prohibited 
that  any  demands  for  pardon  be  gone  through. 

"  If  the  sentence  is  not  of  death,  and  the  criminal  is  a 
foreigner,  even  after  its  execution,  the  Government  may 
use  toward  him  the  faculty  it  has  to  expel  from  the  ter 
ritory  of  the  nation  all  obnoxious  strangers. 

"ART.  14.  Amnesty  is  granted  to  all  those  who 
may  have  belonged  and  may  still  belong  to  armed  bands, 
if  they  present  themselves  to  the  authorities  before  the 
fifteenth  of  November  next ;  provided  they  have  not 
committed  any  other  offences  subsequently  to  the  date 
of  the  present  law.  The  authorities  will  receive  the 
arms  of  those  who  will  present  themselves  to  accept  the 
amnesty. 

"ART.  15.  The  Government  reserves  the  faculty  to 
declare  when  the  provisions  of  this  law  will  cease. 

"  Each  one  of  our  Ministers  is  charged  with  the  exe 
cution  of  this  law  in  the  part  whicli  concerns  him, 


MAXIMILIAN.  243 

and  will  give  the  necessary  orders  for  its  strict  observ 
ance. 

"  Given  at  the  Palace  of  Mexico,  on  the  3d  of  Octo 
ber,  1865. 

"  MAXIMILIAN. 

"  The  Minister  of  Foreign  Affairs,  charged  with  the 
Ministry  of  State. 

"Josis  E.  RAMIREZ." 

LAW  OF  JUAREZ. 
"  MINISTER  OF  GOVERNMENT  : 

"  The  Citizen  President  of  the  Republic  has  been 
pleased  to  transmit  me  the  decree  winch  follows  : 

"  BENITO  JUAREZ,  Constitutional  President  of  the 
United  States  of  Mexico,  to  its  Inhabitants — Know  ye  : 

"  That  in  use  of  the  ample  faculties  with  which  I  find 
myself  invested,  I  have  decreed  the  following  law  to 
punish  crimes  against  the  nation,  against  order,  public 
peace,  and  individual  guaranties  : 

ART.  I.  Among  the  crimes  against  the  independence 

d  security  of  the  nation  are  comprised : 

"  1st.  The  armed  invasion  of  the  territory  of  the  Re 
public  by  foreigners  and  Mexicans,  or  by  the  former 
alone,  not  preceded  by  a  declaration  of  war  on  the  part 
of  the  power  to  which  they  belong. 

"  2d.  The  voluntary  service  of  Mexicans  in  the  for 
eign  troops  of  the  enemy,  whatever  be  the  character  in 
which  they  accompany  them. 

"  3d.  The  invitation,  made  by  Mexicans  or  by  foreign 
residents  in  the  Republic,  to  subjects  of  other  powers  to 
invade  the  national  territory,  or  to  change  the  form  of 
government  which  has  been  given  to  the  Republic,  what 
ever  may  be  the  pretext  under  which  it  is  done. 

"  4th.  Any  kind  of  complicity  to  excite  or  prepare 
the  invasion,  or  to  favor  its  realization  and  end. 


244  MAXIMILIAN. 

"  5th.  In  case  of  an  invasion  being  made,  to  contribute 
in  any  manner  by  which,  in  the  places  occupied  by  the 
invader,  may  be  organized  any  shadow  of  a  government, 
voting,  forming  meetings,  making  laws,  accepting  em 
ployment  or  commissions,  be  it  from  the  invader  him 
self  or  from  other  persons  delegated  by  him. 

"  AKT.  2.  Among  the  crimes  against  the  laws  of  na 
tions,  the  punishment  of  which  belongs  to  the  nation  to 
impose,  are  comprehended : 

"  1st.  Piracy,  and  the  traffic  of  slaves  in  the  waters 
of  the  Republic. 

"  2d.  The  same  crimes,  although  they  may  not  be 
committed  in  the  same  waters,  if  the  criminals  are  Mex 
icans,  or  if,  in  case  of  their  being  foreigners,  they  should 
be  legitimately  consigned  to  the  authorities  of  the 
country. 

"  3d.  The  attempt  to  take  the  lives  of  foreign  Min 
isters. 

"  4th.  To  induce  citizens  of  the  Republic,  without 
the  knowledge  and  license  of  the  Republican  Gov 
ernment,  to  serve  another  power,  or  to  invade  its  ter 
ritory. 

"  5th.  To  entice  or  invite  citizens  of  the  Republic  to 
unite  with  foreigners  who  intend  to  invade,  or  who  may 
have  invaded  the  territory. 

"ART.  3.  Among  the  crimes  against  public  peace 
and  order,  are  comprised  : 

"  1st.  Rebellion  against  the  political  institutions, 
whether  proclaiming  their  abolition  or  reform. 

"  2d.  Rebellion  against  the  legitimately  established 
authorities. 

"  3d.  To  attempt  to  take  the  life  of  the  supreme  chief 
of  the  nation,  or  that  of  the  Ministers  of  State. 

"  4th.  To  attempt  to  take  the  life  of  any  of  the  Rep 
resentatives  of  the  nation,  in  the  place  of  their  sessions. 

"  5th.  A  seditious  rising  up,  denying  any  proper  de- 


MAXIMILIAN.  245 

cree  of  the  authority,  or  asking  that  any  particular  law 
may  be  issued,  omitted,  revoked,  or  altered. 

"  6th.  The  formal  disobedience  of  any  authority,  civil 
or  military,  to  the  orders  of  the  supreme  magistrate  of 
the  nation,  transmitted  through  the  channels  which  the 
laws  of  the  ordinance  of  tfilParmy  may  designate. 

"  7th.  Public  riots  and  disturbances,  caused  intention 
ally,  with  premeditation  or  without  it,  when  they  have 
for  their  object  disobedience  or  insults  to  the  authori 
ties,  perpetrated  by  tumultuous  meetings,  with  the  in 
tent  to  use  force  against  any  persons  or  the  property  of 
any  citizen ;  contumelious  shouting  ;  introducing  one's 
self  violently  into  any  public  or  private  edifice  ;  tearing 
down  decrees  from  the  places  in  which  they  are  fixed 
for  the  information  of  the  people ;  fixing  in  the  same 
places  subversive  proclamations  or  pasquinades,  which 
may  in  any  manner  incite  the  disobedience  of  any  law 
or  governmental  order,  which  may  have  been  ordered 
to  be  observed.  In  any  of  the  cases  referred  to,  to  force 
the  prisons,  to  carry  arms  and  distribute  them,  to  ha 
rangue  the  multitude,  to  ring  the  bells,  and  all  those  ac 
tions  manifestly  directed  to  augment  the  tumult,  will  be 
aggravating  circumstances. 

"  8th.  To  fix  in  any  public  place,  to  distribute  and  to 
communicate  openly  and  clandestinely  a  copy  of  any 
true  or  false  order  which  is  directed  to  impede  the  ful 
filment  of  any  supreme  order.  To  order  such  publica 
tions  made,  and  to  co-operate  with  those  that  may  be 
made,  recalling  their  contents  in  places  where  people  are 
assembled,  or  to  clothe  them  in  oifensive  and  disrespect 
ful  expressions  against  the  authorities. 

"  9th.  Breaking  out  of  prison,  or  place  of  exile  or  con 
finement,  in  which  may  have  been  placed  by  legitimate 
authority  any  citizen  of  the  Republic,  or  the  violation 
of  the  banishment  imposed  on  those  who  are  not  citi 
zens;  as  well  as  military  men,  who  absent  themselves 


246  MAXIMILIAN. 

from  their  quarters,  station,  or  residence,  which  may 
have  been  designated  by  competent  authority. 

"10th.  To  assume  the  supreme  power  of  the  nation  ; 
that  of  the  States  or  Territories ;  that  of  the  districts, 
partidos,  and  municipalities,  acting  by  their  own  author 
ity,  or  by  commission  from  that  authority  which  may 
not  be  legitimate. 

"  llth.  Conspiracy,  which  is  the  act  of  a  few  or  many 
persons  uniting  together,  with  the  object  of  opposing 
obedience  to  the  laws  or  the  fulfilment  of  the  orders  of 
the  recognized  authorities. 

"12th.  Complicity  in  any  of  the  aforesaid  crimes,  by 
concurring  in  their  perpetration  in  an  indirect  mode,  by 
aiding  in  giving  information  to  the  enemies  of  the  nation 
or  Government,  especially  if  those  who  reveal  said  in 
formation  are  public  employees;  by  administering  re 
sources  to  the  seditious  persons  or  foreign  enemy, 
whether  of  arms,  provisions,  money,  baggage,  or  imped 
ing  those  which  the  Government  may  have ;  by  serving 
the  same  enemies  as  spies,  post-carriers,  or  agents  of  any 
kind,  the  object  of  which  may  be  to  favor  their  under 
taking  or  those  of  the  invaders,  or  that  the  disturbers 
of  the  public  tranquillity  may  realize  their  plans  by 
spreading  alarming  and  false  news,  or  which  may 
weaken  public  enthusiasm  by  surmising  facts  contrary 
to  the  honor  of  the  Republic,  or  comments  on  them  in  a 
manner  disfavorable  to  the  interests  of  the  country. 

"  ART.  4.  Among  the  crimes  against  individual  guar 
anties  are  comprised : 

"  1st.  Plagiarism  of  the  citizens  or  inhabitants  of  the 
Republic,  in  order  to  require  them  to  pay  a  ransom. 
The  sale,  which  may  be  made  of  them,  or  the  forced  let 
ting  of  their  services  or  work. 

"  2d.  Violence  exercised  against  persons  with  the  ob 
ject  of  disposing  of  their  goods  and  rights,  which  legiti 
mately  constitute  their  property. 


MAXIMILIAN.  247 

"  3d.  The  attack,  by  armed  hand,  on  said  persons  in  the 
cities  or  uninhabited  places,  although  the  capture  of  said 
persons  or  their  goods  may  not  result  through  such  attack. 

"ART.  5.  Every  citizen  of  the  Republic  has  the  right 
to  accuse,  before  the  authority  established  by  law  to 
judge  the  crimes  by  it  expressed,  any  individual  who 
may  have  committed  any  of  said  crimes. 

"ART.  6.  The   respective   military   authority   is   the 
only  one  competent  to  try  the  crimes  specified  in  this    \ 
law ;  for  that  effect,  as  soon  as  said  authority  has  know-   ^ 
ledge  that  any  of  said   crimes  have  been  committed, 
whether  by  public  notoriety,  by  complaint  or  accusa-  \ 
tion,  or  by  any  other  manner,  it  will  proceed  to  make    } 
the  proper  examination  according  to  the  General  Ordi 
nance  of  the  Army,  and  the  Law  of  the  15th  of  Septem-  j 
ber,  1857;  and  the  cause,  when  stated,  will  be  adjudi- 
cated  before  the  Ordinary  Council  of  War,  whatever   I 
may  be  the  category,  employment,  or  commission  of  the    \ 
person  prosecuted.     In  places  where  there  are  no  mili 
tary  commanders,  or  generals-in-chief,  the  governors  of 
the  States  will  act  in  their  stead. 

"  ART.  7.  The  procedure  will  be  prepared  ready  for 
the  defence  by  the  Fiscal  within  sixty  hours ;  and  in  the 
space  of  twenty-four  thereafter  the  defence  will  be  com 
pleted:  then  the  Council  of  War  will  immediately  as 
semble. 

"  ART.  8.  Whenever  a  sentence  of  the  Ordinary  Coun 
cil  of  War  shall  have  been  confirmed  by  the  respective 
military  commander,  general-in-chief,  or  governor,  as 
the  case  may  be,  it  will  be  executed  immediately  with 
out  further  recourse,  and  as  is  provided  for  in  time  of 
war  or  in  a  state  of  siege. 

"  ART.  9.  In  crimes  against  the  nation,  order,  the  pub 
lic  peace,  and  individual  guaranties,  which  have  been 
specified  in  this  law,  an  appeal  for  pardon  is  not  ad 
missible. 


248  MAXIMILIAN. 

"Airr.  10.  The  military  Asesors,  appointed  by  the 
Supreme  Government,  will  necessarily  be  present  in  the 
Ordinary  Council  of  War,  as  is  provided  in  the  Law  of 
the  15th  of  September,  1857,  in  order  to  give  his  opinion 
to  the  members  of  said  Council  of  War.  The  judgment 
which  they  may  give  to  the  military  commanders, 
generals-in-chief,  or  governors,  legally  founded,  must  be 
executed  in  conformity  with  the  circular  of  the  6th  of 
October,  1860,  since  the  necessary  Asesors  are,  in  fact, 
responsible  for  the  advice  which  they  may  give. 

"ART.  11.  The  Generals-in-chief,  Military  Command 
ers,  or  Governors,  on  whom  is  incumbent  the  exact  ful 
filment  of  this  law,  and  their  Asesors,  will  be  person 
ally  responsible  for  any  omission  they  should  incur  by 
their  action  in  the  national  service. 

PENALTIES. 

"ART.  12.  The  invasion  made  into  the  territory  of 
the  Republic,  which  is  spoken  of  in  Fraction  1,  Art.  1, 
of  this  law,  and  the  service  of  Mexicans  among  foreign 
troops  of  the  enemy,  which  are  spoken  of  in  Fraction  2, 
will  be  punished  with  the  penalty  of  death. 

"ART.  13.  The  invitation  made  to  invade  the  territory, 
which  is  spoken  of  in  Fractions  3  and  4  of  Art.  1,  will 
be  punished  with  the  penalty  of  death. 

"ART.  14.  The  captains  of  vessels  engaged  in  piracy 
or  the  commerce  of  slaves,  spoken  of  in  Fractions  1  and 
2  of  Art.  2,  will  be  punished  with  the  penalty  of  death; 
the  other  individuals  of  the  crew  will  be  condemned  to 
hard  labor  for  the  term  of  ten  years. 

"ART.  15.  Those  who  shall  invite  or  decoy  citizens 
of  the  Republic  for  the  ends  expressed  in  Fractions 
4  and  5  of  Art.  2,  will  suffer  the  penalty  of  five  years 
imprisonment :  if  the  deception  or  invitation  should  be 
made  in  order  to  invade  the  territory  of  the  Republic, 
the  penalty  will  be  death. 


.MAXIMILIAN.  249 

"ART.  16.  Those  who  shall  attempt  to  take  "the  life 
of  the  Supreme  Chief  of  the  nation,  wounding  him  in 
any  manner,  or  only  threatening  him  with  arms,  will 
suffer  the  penalty  of  death.  If  the  threat  is  without 
arms,  and  it  is  done  in  public,  the  penalty  will  be  eight 
years  imprisonment ;  if  it  is  done  by  private  acts,  the 
penalty  wTill  be  seclusion  for  four  years. 

"ART.  17.  Those  who  shall  attempt  to  take  the  life 
of  the  Ministers  of  State,  or  that  of  the  Foreign  Min 
isters,  with  a  knowledge  of  their  rank,  and  should 
wound  them,  shall  suffer  the  penalty  of  death ;  and  if 
they  should  only  threaten  with  arms,  the  penalty  shall 
be  ten  years  imprisonment.  It  being  understood  al 
ways,  that  said  Ministers  have  not  been  the  first  ag 
gressors  in  fact,  because  in  such  cases  the  crime  shall  be 
considered  and  adjudged  according  to  the  common  laws 
on  quarrels. 

"  ART.  18.  The  attempt  against  the  life  of  the  Repre 
sentatives  of  the  nation,  which  is  spoken  of  in  Fraction 
4  of  Art.  2,  shall  be  punished  with  the  penalty  of  death, 
provided  the  Representative  be  wounded ;  if  he  should 
only  be  threatened  with  arms,  the  penalty  shall  be  from 
five  to  eight  years  imprisonment,  according  to  the  dis 
cretion  of  the  judge  :  it  being  understood  always,  that 
the  said  Representative  may  not  have  been  the  first 
aggressor,  in  Avhich  case  the  crime  will  be  considered 
and  adjudged  in  conformity  with  the  common  law  on 
quarrels. 

"ART.  19.  The  crimes  which  are  spoken  of  in  Frac 
tions  1,  2,  and  5  of  Art.  3,  shall  be  punished  with  the 
penalty  of  death. 

"  ART.  20.  The  formal  disobedience,  which  is  spoken 
of  in  Fraction  6  of  Art.  3,  shall  be  punished  with  the  loss 
of  employment  and  salary,  which  the  guilty  party  may 
obtain,  and  four  years  hard  labor  ;  provided  always  that 
by  such  disobedience  no  losses  should  have  resulted  to 

11* 


250  MAXIMILIAN. 

the  nation,  in  which  case  it  will  be  taken  in  account  to 
augment  the  punishment,  at  the  discretion  of  the  judge. 

"ART.  21.  Those  who  prepare  the  public  riots  and 
disturbances,  spoken  of  in  Fraction  7  of  Art.  3,  and 
those  who  join  them,  on  the  terms  expressed  in  said 
fraction,  or  other  similar  ones,  shall  suffer  the  penalty 
of  ten  years  imprisonment,  or  of  death,  in  case  aggra 
vating  circumstances  should  occur,  referred  to  at  the 
end  of  said  fraction,  being  besides  liable  to  respond  with 
their  property  for  the  damages  which  individually  they 
may  have  caused. 

ART.  22.  Those  who  may  have  committed  the  crimes 
spoken  of  in  fraction  8  of  Art.  3d  will  suffer  the  penalty 
of  six  years  imprisonment. 

ART.  23.  Those  who  escape  from  imprisonment,  to 
which  they  may  have  been  reduced  by  legitimate  au 
thority,  shall  suffer  double  the  term  of  their  penalty ; 
and  if  a  second  time  repeated,  punishment  of  death  shall 
be  inflicted ;  which  shall  in  like  manner  be  applied  to 
foreigners  who,  once  expelled  from  the  national  territory, 
should  return  without  permission  of  the  Supreme  Gov 
ernment.  Military  men  absenting  themselves  from  the 
barracks,  place  of  employment,  or  residence,  which  may 
have  been  designated  for  them,  shall  suffer  the  loss  of 
their  employment  and  four  years  imprisonment. 

"ART.  24.  Those  who  assume  the  public  powers,  spoken 
of  in  Fraction  10  of  Art.  3d,  shall  suffer  the  penalty  of 
death. 

"  ART.  25.  The  crime  of  conspiracy,  spoken  of  in  frac 
tion  11  of  Art.  3d,  shall  be  punished  with  the  penalty 
of  death. 

"ART.  26.  Those  who,  in  the  perpetration  of  the 
crimes  spoken  of  in  Fraction  12  of  Art.  3d,  by  aid 
ing  in  giving  news  to  the  enemies  of  the  nation  or  Gov 
ernment,  by  furnishing  resources  to  the  seditious  or  to 
the  foreign  enemy,  whether  of  arms,  provisions,  money, 


*'    UMIV  .  / 


251 

baggage,  or  by  impeding  their  possession  by  the  author 
ities  ;  or  by  serving  the  enemies  as  spies,  mail-carriers, 
guides,  or  as  agents  of  any  class  whatever,  the  object 
of  which  should  be  to  favor  the  undertaking  of  said  per 
sons,  or  of  the  invaders,  shall  suffer  the  death  penalty. 
Those  who  shall  spread  false  or  alarming  news,  or  shall 
weaken  public  enthusiasm,  by  surmising  facts  contrary  to 
the  honor  of  the  Republic,  or  commenting  in  a  disfavor- 
able  manner  on  the  interests  of  the  country,  shall  suffer 
the  penalty  of  eight  years  imprisonment. 

"  ART.  27.  Those  who  commit  the  crimes  specified  in 
fractions  1,  2  and  3  of  Art.  4th,  shall  suffer  the  penalty 
of  death. 

ART.  28.  The  criminals  who  shall  be  caught  in  fla- 
grante  delicto  in  any  action  of  the  war,  or  who  shall 
have  committed  those  crimes  specified  in  the  foregoing 
article,  shall  be  identified,  and  they  shall  be  immediately 
executed. 

GENERAL   DISPOSITIONS. 

"  ART.  29.  The  receivers  of  stolen  property  in  unin 
habited  places  shall  suffer  the  penalty  of  death ;  those 
offending  in  like  manner  in  populated  places  shall  be 
punished  by  six  years  hard  labor. 

"  ART.  30.  The  individuals  who  have  in  their  posses' 
sion  munition  arms,  and  shall  not  have  delivered  them 
according  to  the  disposition  contained  in  the  decree  of 
the  25th  of  last  month,  if  they  do  not  give  them  up 
within  eight  days  after  the  publication  of  the  present 
law  shall,  in  case  of  their  being  Mexicans,  be  treated  as 
traitors,  and  as  such  shall  receive  the  punishment  of 
death ;  but  if  they  are  foreigners,  they  shall  be  impris 
oned  for  ten  years. 

"ART.  31.  The  chiefs  and  officers  of  the  National 
Guard  who  may  have  been  called  into  service  by  virtue 
of  this  law,  shall  receive  their  pay  from  the  Federal 


252  MAXIMILIAN. 

treasury  during  the  time  of  the  commission  which  may 
have  been  given  them. 

"  Wherefore,  I  order  that  this  law  be  printed,  published, 
and  observed. 

"  National  Palace  of  Mexico,  the  twenty-fifth  day  of 
January,  one  thousand  eight  hundred  and  sixty-two. 

"  BENITO  JUAREZ. 
"  To  Citizen  MANUEL  DOLLADO, 

"  Minister  of  Relations  and  Government" 

TREATY  OF  MIRAMAR 

"  Napoleon,  by  the  grace  of  God  and  the  national 
will,  Emperor  of  the  French,  to  all  who  shall  see  these 
presents,  Greeting : 

"  A  convention,  followed  by  additional  secret  articles, 
was  concluded  on  the  10th  of  April,  1864,  between 
France  and  Mexico,  for  the  purpose  of  regulating  the 
condition  of  the  French  troops  stationed  in  Mexico. 

CONVENTION"     AND     ADDITIONAL     SECRET     ARTICLES,     THE 
TENOR   OF   WHICH   IS   AS   FOLLOWS: 

"  The  Governments  of  H.  M.  the  Emperor  of  Mexico, 
and  of  H.  M.  the  Emporor  of  the  French,  animated  by 
an  equal  desire  to  assure  the  establishment  of  order  in 
Mexico,  and  consolidate  the  new  Empire,  have  resolved 
to  regulate,  by  means  of  a  convention,  the  condition  of 
the  French  troops  stationed  in  that  country,  and  for 
that  purpose  have  appointed  as  their  plenipotentiaries : 
H.  M.  the  Emperor  of  the  French,  M.  Charles  Franyois 
Edouard  Herbert,  Minister  Plenipotentiary  of  the  first 
class,  Councillor  of  State,  Director  in  the  Ministry  for 
Foreign  Affairs,  Grand  Officer  of  His  Imperial  Order  of 
the  Legion  of  Honor,  etc.,  etc. ;  H.  M.  the  Emperor  of 
Mexico,  M.  Joaquin  Velazquez  de  Leon,  His  Minister  of 
State  without  the  portfolio  (sans  porte-feuille\ ,  Grand 


MAXIMILIAN.  253 

Officer  of  the  distinguished  Order  of  Our  Lady  of 
Guadalupe,  etc.  etc. 

"  Who,  after  mutually  communicating  their  full  and 
written  powers,  found  in  good  and  due  form,  have  agreed 
upon  the  following  articles : 

"  ART.  1.  The  French  troops  actually  in  Mexico  shall 
be  reduced  as  soon  as  possible  to  a  strength  of  25,000 
men,  including  the  foreign  legion. 

"  In  order  that  the  army  may  serve  as  a  safeguard  to 
the  interests  which  have  caused  the  Intervention,  it  will 
remain  in  Mexico  temporarily,  under  the  conditions 
stipulated  in  the  following  articles : 

"  ART.  2.  The  French  troops  will  evacuate  Mexico  as 
soon  as  the  Emperor  of  Mexico  shall  be  able  to  organize 
the  necessary  troops  to  replace  them. 

"  ART.  3.  The  foreign  legion  in  the  service  of  France, 
composed  of  8,000  men,  shall,  however,  remain  in  Mex 
ico  for  the  term  of  six  years  after  all  the  French  troops 
are  called  home,  in  conformity  with  Article  2. 

"  The  said  legion  will  pass  immediately  into  the  ser 
vice  of  the  Mexican  Government,  and  will  be  paid  by 
the  same.  The  Mexican  Government  reserves  to  itself 
the  right  to  shorten  the  period  during  which  it  will  em 
ploy  the  foreign  legion  in  Mexico. 

"  ART.  4.  The  points  of  territory  which  will  be  occu 
pied  by  the  French  troops,  as  well  as  the  military  ex 
peditions  of  these  troops,  if  they  take  place,  shall  be 
determined  by  common  accord,  and  directly  between 
H.  M.  the  Emperor  of  Mexico  and  the  Commander-in- 
chief  of  the  French  army. 

"  ART.  5.  In  all  points  where  the  garrison  is  not  ex 
clusively  composed  of  Mexican  troops,  the  military  com 
mand  will  belong  to  the  French  commander. 

"In  case  of  combined  French  and  Mexican  expe 
ditions,  the  command  shall  likewise  appertain  to  the 
French  officer. 


254  MAXIMILIAN. 

"  ART.  6.  The  French  commander  shall  have  no  right 
to  intervene  in  any  branch  of  the  Mexican  Administra 
tion. 

"ART.  7.  During  the  time  the  requirements  of  the 
French  army  necessitate  every  two  months  a  service  of 
transports  between  France  and  the  port  of  Vera  Cruz, 
the  expenses  of  such  service,  fixed  at  the  sum  of  400,000 
francs  for  every  voyage  (going  out  and  returning),  shall 
be  reimbursed  by  the  Mexican  Government,  and  paid  in 
Mexico. 

"ART.  8.  Ths  naval  stations  which  France  possesses 
in  the  West  Indies  and  in  the  Pacific  Ocean  shall  fre 
quently  send  men-of-war  carrying  the  French  flag  into 
the  ports  of  Mexico. 

"  ART.  9.  The  expenses  of  the  French  expedition  to 
Mexico,  which  the  Mexican  Government  is  obligated  to 
reimburse,  have  been  fixed  at  the  sum  of  two  hundred 
and  seventy  millions  for  the  whole  duration  of  the  ex 
pedition  until  the  1st  of  July,  18G4.  Said  sum  to  bear 
interest  at  the  rate  of  three  per  cent,  per  annum.  After 
the  1st  of  July,  1864,  all  expenses  of  the  Mexican  army 
will  be  defrayed  by  Mexico. 

"  ART.  10.  The  indemnity  which  the  Mexican  Gov 
ernment  obligates  itself  to  pay  to  France  for  expenses, 
salaries,  keeping  and  maintaining  the  troops  of  the  army, 
commencing  on  the  1st  of  July,  1864,  is  fixed  at  the 
sum  of  one  thousand  francs  for  every  man  per  annum. 

"  ART.  11.  The  Mexican  Government  wrill  immediately 
remit  to  the  French  Government  the  sum  of  sixty-six 
millions  francs  in  bonds  of  the  loan  at  their  emission 
value,  and  of  which  amount  will  be  applied — fifty-four 
millions  on  account  of  the  debt  mentioned  in  Art.  9, 
and  twelve  millions  on  account  of  indemnities  due  to 
the  French  in  virtue  of  Art.  14  of  the  present  conven 
tion. 

"ART.  12.  For  the  payment  of  other   war   expenses 


MAXIMILIAN.  255 

and  for  the  extinction  of  the  charges  mentioned  in  Art. 
Y,  10,  and  14,  the  Mexican  Government  binds  itself  to 
pay  annually  to  France  the  sum  of  25  millions  in  cash. 

The  payment  shall  be  applied  as  follows : 

1st.  Towards  liquidating  sums  due  in  virtue  of  Art. 
7  and  10. 

2d.  Paying  off  amount  of  interest  and  capital  of  the 
sum,  as  stipulated  in  Art.  9. 

3d.  For  indemnities  due  to  French  subjects,  in  virtue 
of  Art.  14  and  the  following: 

"ART.  13.  The  Mexican  Government  will  deliver  in 
Mexico,  on  the  last  day  of  every  month,  to  the  Paymas 
ter-General  of  the  army,  the  necessary  sum  to  cover  the 
expenses  of  the  French  troops  who  shall  have  remained 
in  Mexico,  in  conformity  with  Art.  10. 

"ART.  14.  The  Mexican  Government  binds  itself  to 
indemnify  French  subjects  for  losses  which  they  unjustly 
may  have  sustained,  and  which  may  have  been  caused 
by  the  expedition. 

"ART.  15.  A  mixed  commission,  composed  of  three 
Frenchmen  and  three  Mexicans,  nominated  by  their  re 
spective  governments,  shall  meet  at  Mexico  within  three 
months,  for  the  purpose  of  examining  into  and  regulating 
those  reclamations. 

"ART.  16.  A  revising  commission,  composed  of  two 
Frenchmen  and  two  Mexicans,  appointed  in  the  same 
manner,  and  who  will  reside  in  Paris,  shall  proceed  with 
the  definite  liquidation  of  the  reclamations  previously 
admitted  by  the  commission  as  designated  in  the  last 
article,  and  will  pronounce  upon  those  submitted  to  their 
decision. 

ART.  17.  The  French  Government  will  place  at  liberty 
all  Mexican  prisoners  of  war,  as  soon  as  H.  M.  the  Em 
peror  of  Mexico  shall  have  entered  his  States. 

"ART.  18.  The  present  convention  shall  be  ratified, 
and  the  ratifications  exchanged  as  soon  as  possible. 


256  MAXIMILIAN/ 

"  Given  at  the  Palace  of  Miramax1,  on  the  10th  of 
April,  1864. 

(Signed)  "  VELAZQUEZ, 

"  HERBERT." 

To  this  treaty  have  been  added  the  following  three 
secret  clauses,  which  are  conceived  in  the  following 
terms : 

ADDITIONAL    SECRET   ARTICLES. 

"  II.  M.  the  Emperor  of  the  French  and  H.  M.  the 
Emperor  of  Mexico,  desiring  by  additional  secret  clauses 
to  this  Convention,  to  explain  in  a  complete  manner  their 
reciprocal  intentions,  and  to  clearly  stipulate  that,  not 
withstanding  the  events  that  might  arise  in  Europe,  the 
assistance  of  France  will  be  given  to  the  new  Empire, 
have  appointed  for  that  purpose  as  their  plenipotentia 
ries,  namely :  H.  M.  the  Emperor  of  the  French,  M. 
Charles  Frai^ois  Edouard  Herbert,  etc.,  etc. ;  and  H. 
M.  the  Emperor  of  Mexico,  M.  Joaquin  Velazquez  de 
Leon,  etc.,  etc.  ;  who,  after  mutually  communicating 
their  full  and  written  powers,  found  in  good  and  due 
form,  have  agreed  upon  the  following  articles,  viz. : 

"ART.  1.  H.  M.  the  Emperor  of  Mexico,  approving  of 
the  principles  and  promises  as  set  forth  in  the  proclama 
tion  of  General  Forey,  dated  June  12,  1863,  as  well  as 
of  the  measures  adopted  by  the  Regency  and  by  the 
French  General-in-chief  in  conformity  with  said  procla 
mation,  has  resolved  to  make  known  to  his  people  his 
intentions  regarding  the  same. 

"  ART.  2.  On  the  other  hand,  H.  M.  the  Emperor  of 
the  French  declares  that  the  actual  effective  force  of  the 
French  army  of  38,000  men  shall,  gradually  only,  be 
reduced  every  year,  in  such  a  manner  that  the  French 
troops  who  will  remain  in  Mexico,  and  inclusive  of  the 
Foreign  Legion,  shall  be : 


MAXIMILIAN.  257 

"28,000  men  in  1865; 
25,000  do.  1866; 
20,000  do.  1867. 

"  ART.  3.  As  soon  as  the  Foreign  Legion,  in  conformi 
ty  with  the  terms  of  Art.  3  of  said  Convention,  passes 
into  the  service  of  Mexico,  and  is  paid  by  it,  as  said 
Legion  will  continue  to  serve  a  cause  in  which  France 
is  interested,  the  general  and  the  officers  serving  therein 
shall  retain  their  nationality  of  Frenchmen,  and  their 
rights  to  advancement  in  the  French  army,  according  to 
the  law. 

"Given  at  the  Palace  of  Miramar,  on  the  10th  of 
April,  1864. 

(Signed)  "  HERBERT, 

"  VELAZQUEZ." 

"  After  perusal  and  examination  of  this  Convention, 
accompanied  by  additional  secret  articles,  we  have  ap 
proved  and  do  herewith  approve  it,  in  all  and  every  one 
of  the  dispositions  which  they  contain.  We  declare  the 
same  accepted,  ratified,  and  confirmed,  and  promise  its 
inviolable  observance. 

"  In  virtue  of  which,  we  give  the  present,  signed  by 
our  own  hand,  and  to  which  is  affixed  our  Imperial  seal. 

"  Given  at  the  Palace  of  the  Tuileries,  on  the  llth  of 

April,  of  the  year  of  grace,  1864. 

"  NAPOLEON. 

"  By  the  Emperor, 

"  DROUYN  DE  LHUYS." 

"  NEW  ORLEANS,  April  6th,  1867. 
"SiR: 

"  For  reasons  which  are  doubtless  well  understood 
by  you,  it  has  not  been  in  my  power  to  present  formerly 
to  His  Excellency,  President  Juarez,  my  letters  of  cre 
dence  as  Envoy  Extraordinary  and  Minister  Plenipoten- 


25  8  MAXIMILIAN. 

tiary  of  the  United  States  to  the  Republic  of  Mexico. 
The  instructions  of  October  last,  under  which  I  started 
on  my  mission,  gave  me  a  discretionary  power  in  a  cer 
tain  contingency  to  establish  my  official  residence  tem 
porarily  at  any  place  in  the  United  States,  or  elsewhere 
near  the  frontier  or  coast  of  Mexico.  For  causes  not 
necessary  herein  to  be  explained,  I  left  Matamoras  and 
came  to  this  city  in  December  last,  since  which  time, 
under  instructions  from  the  Secretary  of  State,  it  has 
been  the  place  of  my  official  abode.  The  Government 
of  the  United  States  has  observed  with  much  satisfac 
tion  the  withdrawal  of  the  French  expeditionary  forces 
in  Mexico,  and  the  advance  of  the  armies  of  the  Consti 
tutional  Government  toward  the  Capital  of  the  Republic. 
This  satisfaction  has  been  recently  disturbed  by  the  re 
ports  it  has  received  in  regard  to  the  severity  practised 
on  the  prisoners  of  war  taken  by  your  armies  at  Zaca- 
tecas.  Its  fears,  too,  have  been  thereby  excited  that  in 
the  event  of  the  capture  of  the  Prince  Maximilian,  and 
the  forces  under  him,  this  severity  might  be  repeated. 
I  have  this  day  received  by  telegraph  a  dispatch  from 
the  Secretary  of  State,  instructing  me  to  express  to  His 
Excellency,  President  Juarez,  these  apprehensions  in 
the  most  expeditious  manner.  Therefore,  I  communi 
cate  them  by  special  bearer  of  dispatches.  The  Govern 
ment  of  the  United  States  has  sincerely  sympathized 
with  the  Republic  of  Mexico,  and  feels  a  deep  interest 
in  its  success.  But  I  have  to  express  the  belief  that  a 
repetition  of  the  reported  severities  referred  to,  would 
shock  its  sensibilities  and  check  the  current  of  its  sym 
pathies.  It  is  believed  that  such  acts  to  prisoners  of 
war  as  are  reported,  cannot  elevate  the  character  of  the 
Mexican  States  in  the  estimation  of  civilized  people,  and 
may  tend  to  bring  into  disrepute  the  cause  of  Repub 
licanism,  and  retard  its  progress  everywhere.  The  Gov 
ernment  instructs  me  to  make  known  to  President  Jua- 


MAXIMILIAN.  259 

rez,  promptly  and  earnestly,  its  desire,  that  in  case  of 
the  capture  of  the  Prince  Maximilian,  and  his  supporters, 
that  they  may  receive  the  humane  treatment  accorded 
by  civilized  nations  to  prisoners  of  war.  I  have  the 
honor  to  be,  very  respectfully, 

"  Your  Excellency's  most  obedient  servant, 
"LEWIS  D.  CAMPBELL. 

"  To  his  Excellency  S.  Lerdo  D.  Tejada, 
Minister  of  Foreign  Affairs  of  the 
United  Mexican  States,  San  Luis  Po- 
tosi,  Mexico. 

"  SAN  Luis  POTOSI,  MEXICO,  April  22cl,  1867. 

"  SIK  :  I  had  the  honor,  yesterday,  to  receive  the  com 
munication  which  you  sent  me  from  New  Orleans  on 
the  6th  inst.  You  were  pleased  to  inform  me  in  it  that, 
for  reasons  which  are  understood,  you  have  not  come  to 
present  your  credentials  as  Envoy  Extraordinary  and 
Minister  Plenipotentiary  of  the  United  States  of  America, 
near  the  Republic  of  Mexico,  and  that  you  have  re 
mained  in  New  Orleans  since  December  last.  The 
Government  of  the  Republic  regrets  that  those  reasons 
should  have  prevented  you  from  coming  to  present  your 
credentials  in  order  to  commence  your  official  relations, 
since  it  would  be  very  satisfactory  for  the  Government 
to  receive  you  in  your  character  as  representative  of  the 
United  States. 

"  You  were  also  pleased  to  inform  me  that  the  satis 
faction  with  which  the  Government  of  the  United  States 
had  seen  the  withdrawal  of  the  French  forces  from  Mex 
ico,  and  the  advance  of  the  armies  of  the  Constitutional 
Government  toward  the  Capital,  has  been  disturbed  by 
information  received  concerning  the  severity  with  which 
the  prisoners  of  war  taken  at  San  Jacinto  were  treated. 
You  also  mentioned  that  it  was  the  desire  of  the  Gov- 


2GO  MAXIMILIAN. 

eminent  of  the  United  States  that,  in  case  Maximilian 
and  his  partisans  were  captured,  they  should  be  treated 
humanely  as  prisoners  of  war. 

"  The  enemies  of  the  Republic,  desiring  to  produce  an 
unfavorable  impressio'n  concerning  the  same,  have  en 
deavored  to  falsify  the  facts  and  spread  inaccurate  infor 
mation  as  to  the  care  of  the  prisoners  of  San  Jacinto. 
The  greater  part  of  them,  a  considerable  number,  were 
pardoned,  and  the  punishment  which  the  chief  of  the 
Republican  forces  meted  out  to  some  of  them  was  upon 
the  ground  that  they  were  not  simply  prisoners  of  war, 
but  violators  of  the  law  of  nations  and  the  laws  of 
the  Republic.  They  had  abandoned  themselves  to  all 
kinds  of  excesses  and  crimes  in  the  city  of  Zacatecas, 
because  they  were  fighting  like  filibusters,  without  coun 
try,  without  flag,  and  as  mercenaries  paid  to  shed  the 
blood  of  Mexicans,  who  defend  their  independence  and 
their  institutions. 

"  No  small  number  of  those  foreigners  taken  at  San 
Jacinto  were  conducted  to  Zacatecas,  where  they  have 
been  treated  with  much  benevolence ;  and  those  taken  in 
Jalisco  have  been  treated  in  the  same  manner,  whose 
acts  had  not  so  many  aggravating  circumstances  of 
especial  culpability. 

"The  invariable  conduct  of  the  Government  of  the 
Republic,  and  that  which  the  chiefs  of  its  forces  have 
observed  generally,  has  been  to  respect  life,  and  to  treat 
with  the  greatest  consideration  the  prisoners  taken  from 
the  French  forces;  while  on  their  part,  and  even  by 
order  of  their  chiefs,  the  prisoners  which  they  took  from 
the  Republican  forces  were  frequently  assassinated. 
Many  times,  without  the  obligation  of  exchange,  prison 
ers  taken  from  the  French  forces  have  been  generously 
set  at  liberty. 

"  Many  of  the  principal  chiefs  of  the  French  forces  or- 


MAXIMILIAN.  2G1 

dered  entire  towns  to  be  burnt  down;  others  were  deci 
mated  by  what  were  called  court-martials ;  and  some 
times,  for  a  simple  suspicion,  without  the  appearance  of 
a  trial,  they  killed  defenceless  and  aged  persons  who 
were  unable  to  bear  arms  against  them.  Notwithstand 
ing  this,  the  Government  of  the  Republic  and  the  com 
mander  of  its  forces,  generally,  far  from  exercising  the 
right  of  reprisals,  as  they  were  provoked  to  do,  have 
always  observed  the  most  humane  conduct,  giving  con 
stant  examples  of  the  greatest  generosity.  In  this  man 
ner  the  Republican  cause  of  Mexico  has  excited  the 
sympathies  of  all  civilized  nations. 

"  The  French  forces  having  retired,  Archduke  Max 
imilian  has  desired  to  continue  to  shed  unfruitfully  the 
blood  of  Mexicans.  With  the  exception  of  three  or 
four  cities  governed  by  force,  he  has  seen  the  entire 
Republic  rise  against  him.  Notwithstanding  this,  he 
has  desired  to  continue  the  work  of  desolation  and  ruin 
of  civil  war  without  an  object,  being  surrounded  by  men 
most  known  by  their  spoliations  and  grave  assassina 
tions,  and  the  most  stigmatized  with  the  misfortunes  of 
the  Republic. 

"  In  case  these  should  be  captured,  persons  on  whom 
rest  such  responsibilities,  it  does  not  appear  that  they 
should  be  considered  as  mere  prisoners  of  war;  for 
those  are  responsibilities  defined  by  the  law  of  nations 
and  the  laws  of  the  Republic.  The  Government,  which 
has  given  numerous  proofs  of  its  humane  principles  and 
of  its  sentiments  of  generosity,  is  also  obliged  to  con 
sider,  according  to  the  circumstances  of  the  cases,  what 
the  principles  of  justice  demand,  and  the  duties  which  it 
has  to  fulfil  for  the  welfare  of  the  Mexican  people. 

"The  Government  of  the  Republic  hopes  that  with 
the  justification  of  its  acts  it  will  preserve  the  sympa 
thies  of  the  people  and  of  the  Government  of  the  United 


2G2  -MAXIMILIAN. 

States,  who  have  been  and  are  held  in  the  highest  esti 
mation  by  the  Government  of  Mexico. 
"  I  have  the  honor  to  be 

"  Your  Excellency's  very  respectful 

"  and  very  obedient  servant, 
"  SEBASTIAN  LERDO  DE  TEJADA. 

"  To  His  Excellency  LEWIS  D.  CAMPBELL, 
Envoy  Extraordinary  and  Minister 
Plenipotentiary  of  the  United  States, 
New  Orleans." 

It  was  contended  in  behalf  of  Maximilian  that  the 
law  decreed  by  President  Juarez  on  the  25th  of  Janu 
ary,  18G2,  is  in  conflict  with  the  Constitution  of  the  Re 
public,  adopted  February  12th,  1857,  which  is,  and  has 
been  since  that  d&te,  in  force  with  the  Republican 
party. 

It  will  require  no  very  deep  rellection  to  determine 
that  the  position  assumed  by  the  defendant  was  correct. 

On  the  7th  of  June,  1861,  the  Mexican  Congress 
passed  an  Act,  entitled,  "  Relative  to  the  Suspension  of 
Guaranties  for  the  present"  wherein  it  was  declared 
that  certain  specified  articles  and  parts  of  articles  were 
suspended.  In  that  Act  no  mention  is  made  of  Articles 
23,  29,  97,  nor  101. 

The  10th  Article  of  that  law  declares  that  "The 
suspension  of  these  guaranties  shall  continue  for  the 
term  of  six  months." 

The  said  Article  23d  declares  that  capital  punishment 
for  political  crime  is  abolished,  and  can  be  extended 
only  to  the  traitor  to  the  country  during  a  foreign  war, 
the  highway  robber,  the  murderer,  persons  committing 
crimes  under  the  military  law,  and  to  pirates. 

The  97th  Article  says,  that  "The  courts  of  the  Feder 
ation  have  cognizance  of  all  questions  arising  concerning 


MAXIMILIAN.  263 

the  fulfilment  and  application  of  the  Federal  laws.     Of 
those  questions  in  which  the  Federation  may  be  a  party." 

Article  101  is  as  follows  :  "The  tribunals  of  the  Fed 
eration  shall  decide  all  controversies  which  arise : 

"  I.  Upon  laws  or  acts  of  whatever  authority  which 
violate  individual  guaranties. 

"  Upon  laws  or  acts  of  the  Federal  authorities  which 
violate  or  restrain  the  sovereignty  of  the  States." 

One  of  the  striking  features  of  a  Republic,  is  a  division 
of  the  powers  of  government,  so  that  the  rights  of  the 
people  may  not  be  subject  to  the  will  of  any  onejndir_ 
vidual,  or  one  body  of  persons.  The  wisdom  of  the 
framers  of  the  Constitution  of  the  United  States  pro 
vided  that  the  division  of  governmental  functions  should 
be  into  three  parts,  legislative,  judicial,  and  executive ; 
and  that  each  within  its  respective  sphere  should  be  in 
dependent.  Mr.  Justice  Blackstone  said,  where  the 
right  of  making  and  enforcing  laws  is  vested  in  the 
same  man,  there  can  be  no  public  liberty.  It  is  very 
apparent  that  the  liberties  of  the  people  would  be  in 
jeopardy  if  any  one  or  two  divisions  of  government 
could  enlarge  their  own  constitutional  powers,  or  lessen 
those  of  a  co-ordinate  branch.  The  people  only  can 
make  that  change,  and  in  the  manner  prescribed  by  the 
Constitution. 

The  Republic  of  Mexico  followed  the  example  of  the 
United  States  in  the  division  of  its  powers  of  govern 
ment.  In  fact,  in  its  organic  basis  it  has  expressed  that 
division  as  clearly  as  human  language  is  capable  of 
doing.  And  in  speaking  of  the  three  powers,  it  says 
that  "  No  two  of  those  powers  can  ever  be  united  in  one 
person  or  corporation,  nor  the  legislative  power  be  de 
posited  in  one  individual."  It  would  be  difficult  to  sug 
gest  how  the  executive  of  a  government  thus  consti 
tuted  could  assume  legislative  functions  with  any  ap 
pearance  of  honesty. 


264  MAXIMILIAN. 

Under  the  head,  "  Of  the  Executive  Power,"  Section 
II.,  Article  85,  the  powers  and  obligations  of  the  Presi 
dent  are  defined  as  follows : 

"  1.  To  promulgate  and  execute  the  laws  made  by  the 
Congress  of  the  Union,  ordaining,  in  the  administrative 
sphere,  their  exact  observance. 

"  2.  To  nominate  and  remove  at  will  the  secretaries 
of  departments,  to  remove  the  diplomatic  agents  and 
the  higher  employees  of  the  treasury,  and  to  appoint 
and  remove  at  will  the  other  employees  of  the  Union 
whose  appointments  or  removals  are  not  determined  in 
any  other  manner  in  the  Constitution  or  the  laws. 

"  3.  To  appoint  ministers,  diplomatic  agents,  and 
consuls,  with  the  approbation  of  Congress,  or,  in  its  re 
cess,  of  the  permanent  deputation. 

"  4.  To  appoint,  with  the  approbation  of  Congress, 
colonels,  and  other  superior  officers  of  the  national  army 
and  navy,  and  the  superior  employees  of  the  treasury. 

"  5.  To  appoint  the  other  officers  of  the  national  army 
and  navy,  according  to  the  laws. 

"  6.  To  dispose  of  the  permanent  armed  force,  both 
on  land  and  on  the  sea,  for  the  internal  security  and  ex 
ternal  defence  of  the  Federation. 

"  7.  To  dispose  of  the  National  Guard  for  the  same 
purpose,  in  the  manner  prescribed  in  clause  20  of  Article 
72. 

u  8.  To  declare  war  in  the  name  of  the  United  States 
of  Mexico,  according  to  the  law  of  the  Congress  of  the 
Union  previously  enacted. 

"  9.  To  grant  letters  of  marque,  subject  to  the  rules 
ordained  by  Congress. 

"  10.  To  direct  diplomatic  negotiations,  and  to  cele 
brate  treaties  with  foreign  powers,  submitting  them  to 
the  ratification  of  the  Federal  Congress.  » 

"11.  To  receive  Ministers  and  other  Envoys  from 
foreign  powers. 


MAXIMILIAN.  265 

"  12.  To  call  extraordinary  sessions  of  Congress,  when 
the  permanent  deputation  shall  consent  thereto. 

"13.  To  give  to  the  judicial  power  all  necessary  as 
sistance  for  the  dispatch  of  their  functions. 

"  14.  To  create  all  ports  of  entry,  to  establish  ma 
rine  and  frontier  custom-houses,  and  to  designate  their 
locality. 

"  15.  To  grant,  according  to  the  laws,  pardons  to 
criminals  sentenced  for  crimes  within  the  jurisdiction  of 
the  Federal  tribunals. 

Art,  86.  To  expedite  the  business  of  the  administra 
tive  branch  of  the  Federation,  there  shall  be  a  sufficient 
number  of  secretaries  named  by  a  law  of  Congress, 
which  law  shall  designate  the  business  incumbent  upon 
each  secretary. 

"Art.  87.  In  order  to  be  a  secretary  of  a  department, 
it  is  required  to  be  a  Mexican  citizen  by  birth,  to  be  in 
the  exercise  of  his  rights,  and  to  be  twenty-five  years  of 
age. 

"Art.  88.  All  the  regulations,  decrees,  and  orders  of 
the  President  shall  be  issued  under  the  signature  of  the 
secretary  of  the  department  to  which  the  business  ap 
pertains  :  without  this  requisite  they  will  not  be  obeyed. 

"Art.  89.  The  secretaries  of  departments,  as  soon  as 
the  first  session  is  commenced,  shall  render  an  account 
to  Congress  of  the  state  of  their  respective  branches. 

Article  5 1  declares  that  "  The  exercise  of  the  supreme 
legislative  power  is  deposited  in  an  assembly,  which  shall 
be  styled  the  'Congress  of  the  Union.'" 

Under  Art.  72,  there  are  32  sections,  which  contain  the 
specific  powers  of  Congress.  The  last  section,  number 
33,  says  that  Congress  has  the  power  "  To  make  all  laws 
that  may  be  necessary  and  proper  to  carry  out  the 
aforesaid  powers,  and  all  others  conceded  by  this  Con 
stitution  to  the  authorities  of  the  Union." 

Neither  branch  of  government  is  vested  by  the  Con- 
12 


266  MAXIMILIAN. 

gtitution  with  any  special  functions  that  conflict  with 
the  division  of  powers  under  Title  3,  Article  50. 

The  Constitution  protects  all  persons  in  certain  indi 
vidual  rights,  such  as  those  of  carrying  arms  for  personal 
security;  travelling  through  the  territory  without  let 
ters  of  security,  and  others  therein  mentioned.  But  in 
time  of  war,  or  a  disturbance  of  the  public  peace,  those 
individual  guaranties  maybe  suspended,  if  public  safety 
require  it.  Article  29  provides  for  that  suspension  as 
follows : 

"In  cases  of  invasion,  serious  perturbation  of  the 
public  peace,  or  any  other  events  that  place  society  in 
imminent  danger  or  conflict,  only  the  President  of  the 
Republic,  conjointly  with  the  council  of  ministers,  and 
with  the  approbation  of  the  Congress  of  the  Union,  and 
in  the  recess  of  Congress  of  the  permanent  deputation, 
can  suspend  the  guaranties  granted  in  this  Constitution, 
always  excepting  those  which  guarantee  the  life  of  man; 
but  it  shall  be  done  for  a  limited  time,  by  means  of  gen 
eral  laws,  and  such  suspension  shall  not  be  to  the  preju 
dice  of  any  particular  individual.  If  the  suspension 
should  take  place,  Congress  being  in  session,  it  (Con 
gress)  shall  grant  the  powers  it  deems  necessary,  in 
order  that  the  executive  may  meet  the  exigencies  of  the 
situation.  Should  the  suspension  take  place  during  a 
recess  of  Congress,  it  shall  be  summoned  immediately, 
in  order  to  give  its  consent." 

The  Mexican  government  confounds  the  right  to  sus 
pend  certain  rights  with  that  of  making  laws.  The  di 
visional  lines  of  powers  are  great  monuments  of  govern 
mental  functions  that  cannot  be  changed  unless  by  an 
amendment,  as  provided  in  the  Constitution. 

It^ h as  been_he_ld  by  the  Mexicans,  that  in  time  of  war 
the  Constitution  loses  its  force  and  vigor.  And  yet 
they  invoke  that  instrument  whenever  it  supports  their 
position ;  and  in  the  same  breath  they  deny  its  validity, 


MAXIMILIAN.  267 

if  they  desire  to  exercise  powers  not  within  its  limits. 
Upon  an  examination  of  their  Constitution,  it  is  clear 
that  some  parts  of  it  never  can  be  of  practical  use  ex 
cept  in  time  of  war  or  great  public  danger.  The  very 
suspension  of  certain  guaranties  can  only  be  made 
during  such  a  period ;  but  even  then,  that  which  guar 
antees  the  life  of  man  cannot  be  suspended. 

They  declare  that  by  the  Constitution  they  suspend 
certain  individual  rights ;  and  if  they  wish  to  take  the 
life  of  the  individual,  they  then  hold  that  the  Constitu 
tion  has  no  force,  inasmuch  as  war  exists.  It  is  con 
venient  for  a  vindictive  executive,  who  desires  to  have 
his  power  circumscribed  by  his  will  only,  to  thus  argue : 
but  the  argument  is  an  exhibition  of  a  great  poverty  of 
reason.  And  further :  Article  128  says  that  "  This  Con 
stitution  shall  not  lose  its  force  and  vigor,  although  its 
observance  may  be  interrupted  by  an  armed  rebellion. 
If,  in  case  of  public  disturbance,  a  government  contrary 
to  the  principles  sanctioned  in  it  be  established,  as  soon 
as  the  people  recover  their  liberty,  its  observance  shall 
be  re-established ;  and  those  that  figured  in  the  govern 
ment  springing  out  of  the  rebellion,  as  well  as  those  co 
operating  in  its  establishment,  shall  be  tried  according 
to  the  Constitution  and  the  laws  issuing  therefrom." 

After  the  Republican  party  had  taken  a  given  place 
from  the  enemy,  and  exercised  complete  control  over 
the  same,  how  they  can  seriously  aver  that  the  force  of 
the  Constitution  is  destroyed,  when  the  said  128th  Ar 
ticle  still  exists  as  a  part  of  their  fundamental  jurispru 
dence,  is  difficult  to  understand. 

To  amend  the  Constitution,  requires  a  two-third  vote 
of  the  members  of  Congress  present ;  which  vote  must 
be  approved  by  a  majority  of  the  Legislatures  of  the 
States.  No  amendments  having  been  thus  made,  the 
Constitution  of  1857  was  and  is  in  force. 

The  President  of  Mexico  assumes,  under  the  provi- 


268  MAXIMILIAN. 

sions  of  Art.  29,  which  declares  "  Congress  shall  grant 
the  power  it  deems  necessary  in  order  that  the  execu 
tive  may  meet  the  exigencies  of  the  situation,"  that 
Congress  may  vest  him  with  legislative  function.  But 
such  is  not  the  true  construction  of  the  language  ;  and 
if  it  were,  it  would  be  in  conflict  with  other  parts  of  the 
Constitution.  It  only  authorizes  Congress  to  empower 
the  President  to  make  orders  or  executive  regulations  in 
regard  to  individual  rights  during  war-time  ;  and  these 
orders  and  regulations  must  cease  to  be  in  force  after  a 
certain  period  fixed  therein. 

It  is  somewhat  analogous  to  the  principle  adopted  in 
the  United  States,  where  the  Legislature  authorizes  the 
judiciary  to  make  rules  which  shall  govern  the  practice 
in  courts.  That  never  has  been  considered  a  power  to 
make  laws.  The  laws  of  Mexico  can  only  be  made  by 
the  Legislature,  and  that  body  is  not  compelled  to  speci 
fy  therein  how  long  the  same  shall  remain  in  force.  They 
will  thus  remain  until  repealed  by  that  body ;  which 
clearly  shows  that  there  is  a  broad  distinction  contem 
plated  by  the  framers  of  the  Mexican  Constitution  be 
tween  their  laws  and  the  orders  made  by  the  President 
by  virtue  of  his  powers  received  from  the  Legislature, 
under  Art,  29. 

There  is  one  great  principle  of  law  that  pervades  the 
jurisprudence  of  all  civilized  countries,  and  that  is,  when 
a  person  has  a  bare  power  or  authority  from  another  to 
do  an  act,  he  must  execute  it  himself,  and  cannot  dele 
gate  his  authority  to  another.  It  is  a  trust  or  confidence 
reposed  in  him  personally.  The  old  common-law  maxim 
is,  "  Delegata  potestas  non  potest  delegari"  (a  delegated 
power  cannot  be  delegated).  Such  is  the  civil  law,  al 
though  the  language  of  their  maxim  is  not  the  same,  but 
is,  "  Procuratorem  alium  procuratorem  facere  non  powc 
(the  agent  of  one  person  cannot  appoint  another  agent). 
Therefore,  when  the  people  of  Mexico  delegated  their 


MAXIMILIAN.  2G9 

law-making  power  to  the  Congress  of  the  Union,  with 
out  authorizing  that  body  in  their  Constitution  to  dele 
gate  the  same  power  to  another,  they  placed  a  certain 
trust  and  confidence  in  Congress  which  cannot  be  exe 
cuted  by  any  other  person. 

Efforts  were  made  by  the  Legislatures  of  several  States, 
of  the  United  States,  to  relieve  themselves  of  the  respon 
sibility  of  their  functions  by  submitting  statutes  to  the 
will  of  the  people.  Such  proceedings  were  held  uncon 
stitutional.  The  New  York  Court  of  Appeals  said, 
"  The  Legislature  have  no  power  to  make  such  submis 
sion,  nor  had  the  people  the  power  to  bind  each  other 
by  acting  upon  it.  They  voluntarily  surrendered  that 
power  when  they  adopted  the  Constitution." 

The  Legislature  makes,  the  Executive  executes,  and 
the  Judiciary  construes  the  law.  The  learned  Chief  Jus 
tice  Marshall,  in  the  Supreme  Court  of  the  United  States, 
in  the  case  of  Wayman  vs.  Southard,  10  Wheaton,  46, 
observed,  "  It  will  not  be  contended  that  Congress  can 
delegate  to  the  courts,  or  to  any  other  tribunals,  powers 
which  are  strictly  legislative." 

As  has  been  observed,  in  article  23  of  the  Mexican 
Constitution,  the  punishment  of  death  for  political 
crimes  has  been  abolished  except  for  treason  in  a  foreign 
war,  and  other  cases  therein  mentioned.  It  is  clear  then, 
that  prisoners  guilty  of  political  crimes  in  a  civil  war 
are  not  subject  to  the  death  penalty.  That  the  late  war 
in  which  Maximilian  figured  was  a  civil  war  will  hardly 
be  denied.  After  the  French  left,  the  main  body  of 
both  armies  were  Mexicans,  struggling  for  their  respec 
tive  forms  of  government. 

Such  being  the  facts,  and  the  Liberal  party  standing 
by  and  endeavoring  to  sustain  the  Constitution,  why 
political  prisoners  taken  by  them  should  not  have  been 
protected  in  their  constitutional  rights,  is  not  easy  to  be 
comprehended. 


270  MAXIMILIAN. 

It  is  true  that  the  executive  made  a  law  declaring  that 
whoever  should  take  up  arms  against  the  constituted 
government  would  no  longer  be  considered  political 
prisoners,  but  felons,  to  be  punished  according  to  the 
law  of  1862. 

The  first  question  which  legally  presents  itself  under, 
tliis  head  is,  What  are  political  crimes? 

The  adjective,  "  political,"  means  that  which  pertains 
to  government.  Political  rights  are  those  which  may 
l)_e  exercised  in  the  formation  or  administration  7)f  gov 
ernment.^  Civil  rights  are  those  which  a  marT"enioys  as 
regards  other  individuals,  and  not  in  relation  to  gov 
ernment. 

Political  crimes  are  those  acts  of  a  person  or  persons 
in  violation  of  the  political  government  of  the  country, 
under  the  belief  that  he  or  they  are  justified  in  so  act 
ing  according  to  their  honest  convictions.  And  the 
crime  is  as  distinct  from  a  felony  as  black  is  from  white. 
The  man  who  robs  or  wilfully  kills  with  malice  afore 
thought,  makes  no  pretensions  to  justification,  because 
he  is  acting  contrary  to  his  own  conscience.  Any  one 
act  as  much  as  another  against  the  regularly  constituted 
government,  by  a  dissident,  is  a  political  crime.  The 
Constitution  has  made  no  classification  of  political 
crimes,  but  has  declared  that  no  person  shall  suffer  death 
who  may  commit  them.  Undoubtedly  Congress  could 
classify  such  crimes,  as  the  prohibition  in  the  Constitu 
tion  is  only  on  the  limit  of  punishment. 

The  Supreme  Court  of  the  United  States  said,  in  Mar 
tin  vs.  Hunter's  Lessees,  1  Wheaton,  304,  that  "  The 
words  of  the  Constitution  are  to  be  taken  in  their  nat 
ural  and  obvious  sense,  and  not  in  a  sense  unreasonable 
or  enlarged." 

One  of  the  Circuit  Courts  of  the  United  States  held 
that  the  words,  "  admiralty  and  maritime  jurisdiction," 
in  the  Constitution  of  the  United  States,  had  a  signifi- 


MAXIMILIAN.  271 

cation  which  could  not  be  extended  or  curtailed  by  Con- 


It  is  manifest  then,  from  the  plain  import  of  the  Mex 
ican  Constitution : 

1st.  That  the  President  has  no  legislative  power. 

2d.  That  the  Congress  of  Mexico  cannot  delegate  its 
powers  to  the  President. 

3d.  That  among  the  individual  guaranties  which  may 
be  suspended,  that  which  affects  the  life  of  man  is  not 
included. 

4th.  That  the  powers  of  suspension  in  regard  to  indi 
vidual  guaranties  do  not  authorize  either  the  President 
or  Congress  to  deprive  the  Constitutional  Courts  of  their 
jurisdiction. 

5th.  That  neither  the  Legislative  nor  Executive  branch 
of  government  can  change  the  signification  of  the  lan 
guage  of  the  Constitution  from  its  usual  and  general 

sense. 

6th.  That  the  Constitution  provides  that  its  provis 
ions  shall  not  be  inoperative  during  the  time  of  war. 

7th.  That  the  ordinary  Council  of  War  which  tried 
Maximilian  had  no  jurisdiction  of  the  cause. 

It  follows  from  this  review  that  the  law  made  by  Jua 
rez,  dated  January  25th,  1862,  upon  which  the  accusa 
tions  against  Maximilian  were  based,  is  in  violation  of 
the  Mexican  Constitution,  and  therefore  void. 

Passing  from  the  questions  of  constitutional  and  mu 
nicipal  laws  of  the  Republic  of  Mexico,  which  have  been 
applied  to  the  case,  it  becomes  necessary  to  investigate 
the  rights  of  the  parties  under  the  law  of  nations.  This 
has  become  quite  essential,  in  order  to  arrive  at  just 
conclusions,  inasmuch  as  the  severest  criticisms  have 
been  passed  upon  the  Emperor  for  issuing  the  decree  of 
October  3d,  1865.  That  decree  engendered  a  great  deal 


272  MAXIMILIAN'. 

of  bitterness  in  Mexico,  and  it  lias  been  alleged  to  be 
the  cause  of  the  Emperor's  death.  Those  who  were  the 
bitterest  in  their  denunciations  of  him  were  under  the 
necessity  of  presenting  some  kind  of  an  argument  to 
support  their  position ;  and  the  severity  of  that  decree 
was  advanced  as  sufficient  therefor.  It  has  been  so 
much  commented  upon  by  the  Mexicans,  and  by  their 
press,  while  they  have  been  silent  as  to  the  terrible  law 
of  their  own  enactment,  that  the  people  of  the  United 
States  and  Europe  have  been  inclined  to  attach  consid 
erable  blame  to  Maximilian  for  issuing  it  without  know 
ing  the  circumstances  and  facts  which  surrounded  the 
Emperor,  and  which  so  clearly,  in  the  eyes  of  the  law, 
justified  him  in  issuing  the  same. 

When  Maximilian  executed  that  decree,  he  was  the 
sovereign  of  the  de  facto  government  of  Mexico,  beyond 
any  doubt.  He  was  so  recognized  by  several  powei-s. 
The  fact  that  the  United  States  did  not  so  recognize  him, 
did  not  change  the  real  condition  of  things  in  Mexico. 
It  brings  to  my  mind  an  observation  once  made  by  that 
distinguished  American  jurist,  Chief-Justice  Marshall, 
who  said,  "  If  Congress  should  pass  a  resolution,  declar 
ing  that  Hume  never  wrote  the  History  of  England,  I 
do  not  think  that  it  would  change  the  fact." 

The  United  States,  for  certain  political  reasons,  did 
not  wish  to  recognize  any  new  Empire  on  the  American 
continent,  particularly  in  an  adjacent  territory.  Those 
reasons  were  not  based  upon  the  true  state  of  facts  as 
tp  the  actual  possession  of  the  one  or  the  other  contend 
ing  parties  in  Mexico. 

If  the  relative  position  of  the  two  parties  had  been 
changed,  the  United  States  would  not  for  a  moment 
have  doubted  that  the  same  facts  which  surrounded 
Maximilian  would  have  been  ample,  upon  principles  of 
international  law,  to  hold  that  he  was  the  sovereign  de 
facto  and  de  jure. 


MAXIMILIAN.  273 

The  law  of  nations  is  governed  by  the  state  of  facts 
which  exist  in  a  country,  not  what  some  nations  may 
say  of  it.  Suppose  a  nation  declares  certain  ports 
blockaded,  does  the  proclamation  ipso  facto  render  them 
blockaded  in  the  eyes  of  the  law  ?  Will  not  the  law 
inquire  whether  adequate  physical  and  material  force  is 
actually  on  the  spot  to  support  the  blockade  ? 

The  same  reason  applies  to  a  nation.  The  question 
is,  what  party  holds  and  exercises  control  over  a  country. 
Whatever  party  does,  that  is  the  government  de  facto 
of  that  country.  If  no  other  nation  on  earth  Fad  re- 
cognized  the  Empire  of  Maximilian,  still  the  fact  of  its 
having  the  possession  and  control  of  the  territory,  made 
it  the  government  de  facto  and  de  jure.  The  internal 
sovereignty  of  a  State  requires  no  such  recognition.  It 
is  a  State  because  it  exists. 

Nor  did  the  fact  that  foreign  troops  aided  the  Em 
pire  change  its  rights.  The  settled  doctrine  of  the  law 
of  nations,  which  wTas  adhered  to  by  the  United  States 
Supreme  Court,  is,  that  a  weak  power  does  not  surrender 
its  independence  and  right  to  self-government  by  asso 
ciating  with  a  stronger  and  taking  its  protection.  It 
would  be  a  singular  doctrine  to  advance  that  the  na 
tionality  of  some  of  the  troops  of  the  Empire  could 
change  the  rights  of  its  Sovereign. 

One  of  the  absolute  rights  of  a  State  is  to  protect  it 
self,  and  to  make  all  needful  laws  ;  and  no  other  power 
has  a  right  to  dictate  to  it  in  regard  to  those  municipal 
laws.  And  the  judicial  investigation  and  punishment 
of  a  sovereign  for  enacting  laws  within  the  jurisdiction 
of  his  territory,  is  what  will  not  be  found  on  the  records 
of  any  nation  but  those  of  Mexico.  Such  an  investiga 
tion  may  well  be  considered  a  judicial  curiosity. 

After  the  intervention  ceased,  and  Maximilian  as 
sumed  the  reins  of  government,  at  the  request  of  a 
large  number  of  Mexicans,  and,  as  he  believed,  in  accord- 

12* 


274  MAXIMILIAN. 

a  nee  with  the  will  of  a  majority,  the  war  was  a  civil 
one.  Wheaton  says,  and  it  is  not  denied  by  any  other 
writer  on  international  law,  that  "  the  general  usage  of 
nations  regards  such  a  war  as  entitling  both  of  the  con 
tending  parties  to  all  the  rights  of  war  as  against  each 
other,  and  even  as  respects  neutral  nations."  (  Wh.  on 
Laws  of  Nations,  part  4,  ch.  1,  §  V.) 

What,  then,  are  the  rights  of  war  f     One  among  the 

many  is  that  of  retaliation.     That  is,  one  nation  may 

apply  in  its  transactions  with  another  the  same  rule  of 

conduct  by  which  that  other  is  governed  under  similar 

circumstances   (Ibid.,   Section    1st).     Notwithstanding 

f  the  severity  of  the  decree  of  October  3d,  executed  by 

!  Maximilian,  we  tail  to  nnd  less  in  the  law  of  January 

1  25th,  1862,  made  by  President  Juarez.     According  to 

'  said  law  ol  1862,  if  any  Mexican  should  be  caught  who 

had  served  in  any  manner  the  foreign  troops  in  the 

country,  which  were  the  enemies  of  the  Liberals,  he 

would  be  punished  with  death.     (See  Article  2d.) 

Under  that  law,  if  the  Liberal  party  contained  only 
one-eighth  part  of  the  whole  population,  and  the  other 
seven-eighths  wished  to  change  the  form  of  government, 
and  should  attempt  it,  and  any  one  of  them  should  be 
caught  so  doing  by  the  Liberals,  he  would  be  subject  to 
the  punishment  of  death. 

If  a  Mexican  boy  should  carry  wood  to  build  a  fire 
for  one  of  the  enemies  of  the  Liberal  party,  he  would  be 
liable  to  the  same  punishment  if  caught.  And  yet  the 
party  that  promulgated  that  harsh  and  bloodthirsty  law 
charge  the  Imperial  ruler  with  cruelty  in  issuing  the  de 
cree  of  October  3d,  1865. 

Not  only  was  the  law  of  January  25th,  1862,  on  the 
statute-books  of  the  Juarez  party,  but  the  bloody  act 
was  carried  into  execution. 

Was  not  General  Robles  caught  on  the  road  to  Vera 
Cruz  without  arms,  and  shot  in  cold  blood  by  the  Juarez 


MAXIMILIAN.  275 

party,  merely  because  it  was  suspected  that  he  was  going 
to  talk  to  the  French  forces?  The  shocking  crimes, 
covered  by  the  law  of  1862,  Avere  numbered  by  hun 
dreds,  nay  thousands,  long  before  the  decree  of  October 
3d  was  issued.  Will  not  the  surprise  of  the  reader  be 
rather  that  such  a  decree  was  not  issued  earlier,  than 
that  it  was  issued  at  all?  Was  the  Emperor  not  justi 
fied  upon  the  principle  of  retaliation,  based  on  inter 
national  law,  in  issuing  that  decree  ? 

Let  us  suppose  another  case  for  illustration.  If  the 
Liberals  were  composed  of  only  one-third  of  the  popu 
lation,  and  possessed  all  of  the  arms  in  the  country,  and 
should  see  proper  to  issue  decrees  contrary  to  the  Consti 
tution,  and  to  enforce  them  upon  the  unarmed  two-thirds, 
and  if  the  latter,  in  their  defence,  should  invite  foreign 
aid,  in  the  way  of  men  and  munitions  of  war,  and  be 
subsequently  caught  by  the  Liberal  party,  they  would 
be  liable  to  a  death  punishment  under  the  law  of  1862. 
Such  a  case  might  well  arise,  because  one-third  of  a  na 
tion  well  armed  could  hold  in  subjection  the  remaining 
unarmed  two-thirds. 

It  appears,  not  unfrequently,  by  observation  among 
men,  that  many  persons  first  determine  in  their  own 
minds  which  of  the  contending  parties  have  the  right 
side  of  the  issue,  and  then  conclude  that  that  party  is 
authorized  to  enact  laws,  however  severe,  which  its 
judgment  may  dictate,  while  they  deny  the  same  right 
to  the  other  party.  The  rule  of  law  is,  that  the  justness 
or  unjustness  of  the  war  is  not  to  be  taken  into  consider 
ation,  when  passing  upon  the  question  of  the  method  of 
warfare. 

There  are  certain  principles  of  international  law  which 
are  founded  on  the  rights  of  humanity,  and  enforced  by 
moral  sanction;  and  it  makes  no  difference  what  has 
caused  the  war,  for  when  it  has  once  commenced,  cer 
tain  rules  based  on  international  morality,  and  acknowl- 


276  MAXIMILIAN. 

edged  by  the  civilized  world  to  be  just  and  humane,  are 
to  govern  the  acts  of  the  contending  parties. 

And  the  fact  that  one  party  in  a  civil  war  is  vastly 
superior  in  numerical  strength,  does  not  alter  the  rights 
of  either.  Nor  is  there  any  rule  of  international  law 
that  will  support  the  position  that,  if  the  head  of  one 
party  in  a  civil  war  be  a  foreigner,  the  rights  of 
that  party  as  to  the  method  of  warfare  are  lessened 
thereby.  And  Maximilian,  as  the  sovereign  head  of  the 
Empire,  was  entitled  to  all  the  rights  which  any  Mexi 
can  would  have  been  had  he  held  the  same  position. 

It  would  be  difficult  for  any  moral  man,  be  he  pro 
fessional  or  layman,  to  advance  any  good  reason  why 
that  principle  of  law,  which  holds  that  no  use  of  force  is 
lawful  except  so  far  as  it  is  necessary, — and  that  a  bel 
ligerent  has  no  right  to  take  away  the  lives  of  the  sub 
jects  of  the  enemy,  whom  he  can  subject  by  any  other 
means, — should  not  have  governed  in  the  war  between 
the  Imperialists  and  Liberals  in  Mexico. 

If  a  man  declares  that  he  justifies  the  shooting  of  the 
Emperor  because  he  is  opposed  to  the  establishment  of 
an  empire  in  Mexico,  or  because  some  secessionists  in 
the  Southern  part  of  the  United  States  favored  Maxi 
milian's  policy,  he  would  give  no  room  for  discussion, 
and  would  be  rather  an  object  of  pity  than  of  admira 
tion,  on  account  of  his  prejudices  and  great  want  of 
argumentative  powers. 

While  the  law  of  January  25th,  1862,  stares  the 
world  in  the  face,  the  complaint  of  inhumanity  against 
Maximilian  comes  with  a  bad  grace  from  the  lips  of  the 
Juarez  party. 

It  will  be  readily  admitted  that  there  was  a  time  in 
the  barbarous  ages,  as  even  now  among  the  wild  savage 
tribes,  when  warriors  considered  it  their  right  to  take 
the  lives  of  prisoners  of  war;  but  we  have  long  indulged 
the  hope  that  the  torch  of  science  had  dispelled  such 


MAXIMILIAN.  277 

a  doctrine;  and  that  there  was  a  universal  desire 
among  the  civilized  nations  of  the  present  age  to  adopt 
measures  that  would  mitigate  that  ancient  practice  of 
cruelty.  And  it  is  with  no  very  kind  feelings  that  we  can 
view  that  people  who  claim  a  place  in  the  great  family 
of  nations,  who  cannot  consent  to  respect  the  principles 
of  international  morality. 

As  we  closely  review  the  individual  acts  of  His  Majes 
ty,  which  pertain  to  the  Empire,  we  shall  perceive  sO 
steady  aim  on  his  part  to  avoid  cruel  treatment  and  to 
keep  within  the  rules  of  warfare  that  are  sanctioned  by 
the  general  consent  of  mankind,  as  being  just  and  hu 
mane.  If  we  investigate  the  treaty  of  Miramar,  we 
shall  ascertain  that  the  position  of  Maximilian  was  not 
an  enviable  one  for  a  sovereign.  Wherever  there  was 
a  body  of  French  troops  or  allied  forces  of  French  and 
Mexican  soldiers,  they  were  under  the  control  of  the 
French  commander  by  virtue  of  that  treaty.  And  thus, 
while  they  were  acting  in  accordance  with  instructions 
from  a  French  general,  they  were  committing  acts  ob 
noxious  to  the  feelings  of  the  head  of  the  nation,  and 
upon  whom  was  placed  all  the  blame  for  the  committal 
of  those  acts. 
,  Assoon  as  the  Emperor  was  freed  from  the  dictation 

fthe  French  c^mmandf"'  Tfo™™^  he  annulled  the  decree 


I 
j 


of  OctoberJkLjm^  ;  which  act  took  placejibouLthe 
21st  of  Oct^bkl866^Thus,  for  many  months  prior  to 
tvTTFTTq5tufe-oT  the  Emperor,  that  decree  which  infuriated 
the  Liberals  was  not  in  force,  while  their  murderous  law 
of  January  25th,  1862,  was  still  unrepealed-J 

And  further,  even  while  the  said  decree  of  October  was 
in  full  vio-or,  Maximilian  never  consented  to  its  enforce 
ment  in  any  given  case  ;  but,  on  the  contrary,  issued  strict 
orders  to  his  commanders  not  to  execute  it.  Wherever 
executions  were  rendered  under  the  law,  it  was  with 
out  his  prior  knowledge,  and  met  subsequently  with  his 


278  MAXIMILIAN. 

disapproval.  At  the  same  time,  hundreds  of  prisoners 
taken  by  the  Liberal  forces  were  sent  to  their  graves 
under  the  stern  provisions  of  the  law  of  1862. 

Humanity,  and  the  just  principles  of  war,  demanded 
that  the  Liberals  should  have  ceased  to  carry  out  the 
law  of  1862,  after  the  annulment  of  the  October  decree, 
by  His  Majesty.  Is  there  any  rule  of  law  or  conscience 
that  would  hold  the  life  of  the  Emperor  responsible  for 
every  murder,  or  unjust  act  committed  by  French  sol 
diers,  against  the  will  of  the  Emperor  ?  The  rule  of  law 
is,  that  the  conduct  which  is  observed  by  one  nation 
toward  another,  will  be  reciprocally  observed  by  the 
latter  toward  the  former.  And  the  moment  the  rigor 
of  a  law  is  abated  by  one  party,  the  other  should  im 
mediately  repeal  that  law  which  was  enacted  by  it  as 
retaliatory  of  the  one  which  was  abated.  Reason  and 
good  faith  could  not  support  any  other  doctrine. 

There  is  a  very  short  argument  advanced  by  some 
who  favored  the  murder  of  Maximilian,  and  that  is,  that 
he  had  no  business  to  come  to  Mexico. 

Let  us  examine  that  question  in  a  legal  and  moral 
point  of  view. 

The  generally  recognized  doctrine  that  a  people  have 
the  right  to  change  their  form  of  government,  is  ex 
pressly  laid  down  in  the  39th  Art.,  Sec.  1,  Title  2,  of 
the  Mexican  Constitution,  in  these  words  :  "  The  people 
have  at  all  times  the  inalienable  right  to  alter  or  modify 
the  form  of  their  government." 

The  Imperial  party  attempted  to  avail  themselves  of 
that  right.  The  next  question  which  would  naturally 
present  itself  is,  Did  that  party  represent  a  majority  of 
the  people  of  Mexico  ?  Upon  that  point  there  are  two 
opinions  in  Mexico. 

As  I  am  in  favor  of  the  stability  of  the  Republic, 
and  against  the  Empire,  upon  principle,  I  hope  I  shall 
not  be  charged  with  prejudice  against  the  Liberal  party. 


MAXIMILIAN.  279 

And  as  I  wish  to  make  no  incorrect  statement  in  regard 
to  Mexico,  I  will  not  state  which  way  the  majority  of 
the  people  would  have  decided  that  issue  had  a  test  vote 
been  taken.  I  will  give  some  facts  from  which  conclu 
sions  may  be  drawn. 

I  have  visited  Mazatlan,  Durango,  Zacatecas,  San  Luis 
Potosi,  Queretaro,  the  city  of  Mexico,  Puebla,  Orizaba, 
Cordova,  and  Yera  Cruz.  With  the  exception  of  Zaca 
tecas  and  Yera  Cruz,  a  large  majority  in  those  places 
were  in  favor  of  the  Empire.  That  Guadalajara,  Guan- 
ajuata,  Puebla,  and  Orizaba  were  strongly  in  support  of 
the  Empire  was  never  doubted.  I  have  thus  mentioned 
nearly  all  of  the  large  cities  of  Mexico.  The  majority 
of  the  educated  and  refined  people  of  those. cities  do  not 
mix  with  the  Liberals.  There  is  also  a  marked  change 
noticed  by  those  who  observed  the  government  under 
both  regimes,  in  regard  to  the  activity  of  business  and 
the  gayety  of  social  life ;  showing  that  progress  was 
making  headway  under  the  Empire.  When  the  Empe 
ror  and  Empress  entered  the  country  they  were  greeted 
with  unbounded  enthusiasm.  Many  who  witnessed  that 
entrance  have  frequently  remarked  that  no  one  could 
have  doubted  that  the  majority  were  for  the  Empire. 

I  witnessed  the  entrance  of  President  Juarez  into  the 
city  of  Mexico,  on  the  15th  of  July  last,  and  I  was  com 
pletely  surprised  at  the  want  of  enthusiasm.  It  ap 
peared  more  like  a  funeral  than  a  joyous  reception.  Sev 
eral  Liberal  officers  standing  by  me  could  not  help  re 
marking  what  a  silence  prevailed.  A  large  portion,  if 
not  a  majority  of  the  intelligent  people  in  Mexico,  dressed 
in  mourning  for  the  demise  of  the  Emperor.  In  conse 
quence  thereof  it  was  difficult  to  obtain  many  articles 
of  mourning  wearing-apparel  at  the  mercantile  estab 
lishments. 

As  an  admission  from  the  Liberals,  we  take  the  fol 
lowing  article  from  the  "  La  Sociedad"  May  25th,  1866, 


280  MAXIMILIAN. 

which  copied  the  same  from  the  "  Revista"   of  Vcra 
Cruz,  a  Liberal  journal. 

"  Before  the  Emperor  Maximilian  arrived  in  this  coun 
try,  when  the  Assembly  of  Notables  in  the  Capital  pro 
claimed  the  Monarchy,  and  elected  him  the  arbiter  of 
the  destinies  of  Mexico,  he  wished  to  know  the  will  of 
the  entire  country,  or  at  least  of  the  localities  occupied 
by  the  French-Mexican  army ;  and  a  call  was  made  on 
the  inhabitants  of  those  localities,  the  only  object  of 
which  call  was  to  know  the  true  opinion  of  the  Mex 
icans. 

"  In  fact,  in  each  locality  a  declaration  was  made, 
which  was  subscribed  by  thousands  of  citizens,  and 
among  them,  certainly,  very  few  figured  that  were  not 
in  feeling  favorable  to  the  new  order  of  things. 

"  The  Archduke  Maximilian,  in  view  of  these  acts, 
which  we  cannot  deny  were  numerous,  accepted  the  im 
perial  crown  which  the  Mexican  deputation,  who  were 
sent  for  that  purpose,  offered  him  at  Miramar 

"  We  who,  whatever  may  be  our  ideas,  cannot  deviate 
from  the  path  we  have  marked  out,  believe  ourselves 
obliged  to  confess  that  if  any  ruler  ever  had  reason  to 
believe  himself  really  called  by  the  people,  the  Emperor 
Maximilian  had  in  the  highest  degree. 

"  And  it  is  so  far  so,  that  we  even  recollect  the  first 
words  which  the  new  Emperor  dictated  to  the  Mexicans 
on  his  arrival  to  our  shores,  words  which  were  in  com 
plete  harmony  with  the  facts  already  referred  to." 

The  rejoicing  exhibited  wherever  the  Emperor  went 
in  Mexico,  and  the  foregoing  admission  of  one  of  his 
political  enemies,  ought  to  be  considered  as  some  evi 
dence  that  a  large  party  of  the  Mexicans  were  friendly 
to  the  Empire,  if  not  a  majority  of  them.  The  admis 
sion  of  that  Liberal  journal  is  so  strong,  that  it  relieves 


MAXIMILIAN.  28 1 

the  Emperor  of  the  charge  of  an  intent  to  act  contrary 
to  the  will  of  the  Mexican  people. 

The  fact  that  the  Liberals  conquered  the  Imperialists, 
is  no  proof  that  the  former  are  supported  by  a  majority 
of  the  people.  Any  one  acquainted  with  the  history  of 
Mexico,  will  well  understand  how  that  may  be.  No 
party  can  long  remain  in  power  in  that  country.  And 
it  is  immaterial  what  principles  are  advocated  by  the 
reigning  party,  they  are  destined,  sooner  or  later,  to  be 
overthrown.  As  I  have  in  another  place  observed,  the 
supreme  power  of  a  nation  is  always  with  the  party  who 
happen  to  have  the  arms  in  their  hands,  although  that 
party  may  not  number  one-third  of  the  whole. 

Out  of  the  whole  population  of  Mexico,  there  is  not  a 
million  that  have  anything  to  say  about  the  affairs  of 
government.  The  common  soldier  has  no  opinion  on 
political  matters,  and  knows  not  the  difference  between 
an  empire  and  a  republic.  And  the  man  who  thinks 
that  the  soldiers  volunteered  in  the  Liberal  party,  never 
had  a  more  erroneous  idea.  They  were  forced  into  the 
service,  not  by  any  law  regulating  a  draft  as  in  other 
countries,  but  by  sending  armed  men  to  take  them 
wherever  they  could  be  found.  I  have  this  information 
from  persons  who  have  lost  their  working  men  in  that 
manner.  I  adduce  these  facts  in  support  of  the  propo 
sition  that  the  numerical  strength  of  the  Liberal  army 
is  no  criterion  of  the  correct  views  of  their  political 
opinions. 

I  went  to  Mexico  in  the  beginning  of  the  year  1867, 
strongly  impressed  with  the  idea  that  the  Liberal  party 
was  far  in  the  majority— and  I  must  confess,  against  my 
wish,  I  have  had  that  opinion  shaken.  That  the  majori 
ty  of  the  wealthy  people  were  in  favor  of  the  Empire,  I 
think  no  well-informed  and  unbiased  man  will  deny. 

More  improvements  were  made  under  the  Empire  than 
tinder  any  President,  during  the  same  length  of  time. 


282  MAXIMILIAN. 

It  has  been  difficult  for  the  people  in  Europe  and  the 
United  States  to  obtain  correct  information  as  to  the 
condition  of  affairs  in  Mexico.  Many  correspondents  of 
newspapers  have  visited  Mexico  with  a  view  to  obtain 
profitable  concessions  from  the  Government,  and  with  a 
view  of  aiding  their  contemplated  projects :  they  have 
written  highly  favorable  to  the  Administrative  power. 
And  others  strongly  biased,  have  written  in  opposition 
thereto.  The  poorer  class  care  but  little  who  governs ; 
the  rich  are  in  favor  of  an  empire,  but  do  not  wish  to  do 
the  fighting ;  arid  the  middle  class,  together  with  some 
of  the  rich,  are  the  most  energetic,  and  belong  to  the 
Liberal  party;  hence  their  success,  added  to  the  fact, 
that  the  Imperialists  had  no  sufficient  army  of  native 
element  formed  when  Bazaine  left. 

To  sum  up  then,  it  is  obvious  that  a  number  so  large, 
of  the  Mexican  people,  were  in  favor  of  Maximilian  as 
their  ruler,  that  he  was  not  wholly  without  proof  that 
the  party  was  composed  of  a  majority.  The  weight  of 
evidence  is  in  his  favor  sufficiently  to  acquit  him  in  a 
moral  point  of  view. 

And  further,  it  is  too  clear  and  conclusive  to  admit  of 
a  serious  argument,  that  the  law  of  January  25th,  L&£2, 
is  in  conflict  with  the  provisions  of  the  Mexican  Consti 
tution  ;  and  that  international  law  cannot  support  the 
execution  of  Maximilian. 

The  sustaining  of  Mexico  in  that  brutal  act,  is  only  on 
a  par  with  the  praise  of  Booth,  for  murdering  President 
Lincoln.  The  latter  was  a  cold-blooded  murder  without 
a  trial ;  the  former  was  murder  after  a  farcical  one. 

Mexico  has  long  witnessed  calamities  flowing  from 
mutual  persecutions,  but  it  was  to  be  hoped  that  in  this 
age  some  benefits  and  improvements  were  to  be  expected 
from  the  light,  and  human  sympathy  acquired  from  the 
advancement  of  science.  When  the  Mexican  people 
formed  their  present  Constitution,  they  were  not  un- 


MAXIMILIAN.  t  280 

mindful  of  the  barbarity  and  injustice  indulged  in  dur 
ing  their  many  intestine  conflicts ;  and  in  order  to  im 
press  moderation  upon  their  minds,  and  to  work  up  to 
the  standard  of  modern  ideas  of  civilization,  they  wove 
into  that  Constitution  certain  principles  in  harmony 
with  justice,  and  which  were,  that  life  should  not  be 
forfeited  on  account  of  political  opinions,  nor  for  any 
acts  honestly  committed  in  support  thereof;  and  that 
confiscation  of  property  should  not  take  place.  And 
yet  the  party  that  stands  upon  that  Constitution  as  its 
political  platform,  pays  but  little  respect  to  its  prohib 
itory  clauses. 

And  admitting,  for  argument's  sake,  that  the  law  of 
January  25th,  1862,  was  in  perfect  harmony  with  the 
Constitution,  and  that  the  Court  had  jurisdiction  of  the 
cause,  then  it  can  be  safely  said  that  the  judgment  was 
fraudulent,  and  unsupported  by  the  evidence  presented, 
according  to  the  rules  of  the  Civil  Law,  which  governs 
judicial  proceedings  in  Mexico.  Public  notoriety,  hear 
say  testimony,  nor  secondary  evidence  never  were  suffi 
cient  under  the  Civil  Law,  nor  by  the  legislative  laws 
of  Mexico,  to  sustain  a  judgment  of  guilty  in  a  criminal 
cause. 

It  was  not  from  ignorance  that  the  authorities  of  Mex 
ico  committed  their  deed  of  horror,  nor  from  any  mis 
taken  notion  of  law  and  justice. 

It  was  considered  too  good  an  opportunity  to  lose  to 
show  the  world  that  Mexico  was  an  independent  nation, 
and  that  however  much  sympathy  the  adjoining  Repub 
lic  might  have  heretofore  shown  in  the  hour  of  need,  it 
was  by  far  insufficient  to  permit  that  Republic  to  assume 
an  advisory  position  which  savored  in  the  slightest  de 
gree  of  dictation.  Such  has  been  given  by  Mexicans 
themselves  as  one  reason  why  the  executioner  should 
have  done  the  bloody  work. 

As  we  review  all  the  circumstances  of  the  case,  we 


284  MAXIMILIAN. 

cannot  but  conclude  that  they  justify  the  suspicion  that 
revenge  and  cupidity  dictated  their  acts  rather  than  the 
spirit  of  a  manly  foe. 

We  have  seen,  in  this  case,  great  questions  of"  consti 
tutional  and  international  law  considered  and  decided 
within  a  few  hours  by  not  very  wise  and  learned  men — 
questions  that  learned  tribunals  in  other  lands  would 
have  considered  for  days  before  giving  a  final  decision. 
That  is,  although  they  might  have  considered  at  first 
blush  the  questions  not  difficult,  yet  the  magnitude  and 
importance  of  the  cause  would  have  demanded  from 
learned  jurists  a  complete  and  serious  examination  before 
the  rendition  of  a  definite  judgment  thereon. 

Had  the  goddess  of  Justice  been  present  during  the 
trial  of  the  Emperor,  she  would  have  hung  her  head  in 
shame  as  the  judgment  was  read. 

It  is  apparent  that  the  scales  and  beam  of  justice  were 
broken  into  fragments,  and  that  there  was  no  weighing 
of  the  evidence. 

The  trial  was  the  prelude  to  the  tragedy,  in  order  to 
increase  the  assumed  dignity,  and  to  extend  the  great 
dramatic  play  of  the  nation.  It  was,  indeed,  a  bombas 
tic  farce,  and  the  tragedy  that  followed  a  terrible  one. 
And  both  are  recorded  as  a  stain  on  the  pages  of  the 
history  of  the  Mexican  nation  which  can  never  be  effaced 
therefrom,  though  steeped  in  the  sulphurous  fumes  of 
the  infernal  regions. 


CHAPTER   XIV. 

Application  for  pardon — Pardon  denied— Sentence  approved — Pardon  again 
asked  and  denied— Execution  postponed— Letter  from  Maximilian  to  Baron 
Largo  —  Pardon  asked  by  Baron  Magnus— Refused— Despatch  from  Maxi 
milian  to  Juarez— Preparations  for  execution — Last  words  of  the  victims- 
Execution. 

A  FTER  the  decision  of  the  Council  of  War,  or  court- 
JLJL.  martial,  and  the  approval  thereof  by  the  Com 
mander  of  the  Division,  General  Escobedo,  there  was 
but  one  other  mode  to  pursue  on  the  part  of  the  defend 
ants — that  was,  to  seek  the  clemency  of  the  Executive. 
Before,  and  during  the  time  of  the  trial,  Messrs.  Palacio 
and  De  la  Torre,  two  of  the  Emperor's  counsel,  were  at 
San  Luis  Potosi  exercising  their  influence  with  the  Presi 
dent  and  Cabinet. 

The  said  counsel  having  learned  that,  on  the  14th  of 
June,  at  ten  minutes  past  twelve  o'clock  at  night,  the 
three  prisoners,  Maximilian,  Miramon,  and  Mejia,  had 
been  condemned  to  death,  immediately  applied  for  the 
pardon  of  the  three,  without  waiting  to  ascertain  whether 
the  decision  of  General  Escobedo  would  be  in  approval 
or  disapproval  of  the  said  sentence.  In  answer  to  that 
application,  the  Minister  of  War  transmitted  to  the  said 
counsel  the  following  note : 

"  SECRETARY  OF  STATE,  WAR,  A^D  NAVY  : 

"  You  have  set  forth  in  your  new  petition  that  hav 
ing  notice  that  the  Council  of  War  assembled  in  Quere- 
taro  have  condemned  to  the  extreme  penalty  Fernando 
Maximilian  of  Hapsburg,  you  ask,  as  his  counsel,  the 
Government  to  grant  him  a  pardon,  or,  that  if  even  it 


283  MAXIMILIAN. 

cannot  pass  upon  that  question,  that  in  the  mean  time  it 
will  order  a  suspension  of  the  sentence.  The  Citizen- 
President  being  in  possession  of  this  new  petition,  has 
directed  me  to  say  to  you,  as  I  declared  to  you  yester 
day  officially,  that  it  is  not  possible  to  pass  upon  the 
question  of  pardon  before  knowing  the  condemnation  of 
the  court,  there  not  being  a  condemnation  that  may  have 
the  effect  as  such,  as,  in  the  mean  while,  the  judgment 
of  the  Council  of  War  may  not  be  confirmed  by  the 
military  chief  according  to  the  ordinance  and  respective 
laws.  And  further,  I  am  directed  to  say  to  you,  also,  as 
I  stated  to  you  officially  yesterday,  that  the  Government 
not  having  altered  the  provisions  of  the  law,  if  in  case 
the  judgment  of  the  Court  should  be  confirmed,  and 
then  should  be  submitted  within  the  proper  time  to  the 
decision  of  the  Government,  the  question  of  pardon,  in 
such  a  case,  among  the  considerations  which  the  Gov 
ernment  ought  to  weigh,  it  will  remember  the  facts  set 
forth  in  your  two  petitions. 

"  Independence  and  Liberty.  San  Luis  Potosi,  June 
15th,  1867. 

"MEJIA. 

"  Citizens  MARIANO  RIVA  PALACIO,  and 
"  Lawyer  RAFAEL  MARTINEZ  DE  LA  TORRE. 

u  Present." 

"Telegram  from  Queretaro  for  Potosi,  received  the 
16th  day  of  June,  1867,  at  one  o'clock  and  15  minutes 
of  the  afternoon : 

"  CITIZEX-PKESIDENT  : 

"The  sentence  which  the  Council  of  War  pro 
nounced  on  the  14th  inst.,  has  been  confirmed  at  these 
headquarters,  and  to-day,  at  ten  o'clock  of  the  morning 
the  prisoners  were  notified  thereof,  and  at  three  o'clock 
this  afternoon  they  will  be  shot. 

"  ESCOBEDO." 


MAXIMILIAN.  287 

The  Government  having  read  the  report  of  General 
Escobedo,  approving  the  judgment  of  the  Court,  and 
having  received  another  petition  from  the  said  counsel, 
replied  thereto  with  the  following  note  : 

"  SECRETARY  OF  STATE,  WAR,  AND  NAVY. 

"As  to  the  petition  presented  by  you  of  to-day's 
date  to  the  Citizen-President  of  the  Republic,  soliciting 
a  pardon  for  Ferdinand  Maximilian  of  Hapsburg,  who 
has  been  sentenced,  in  Queretaro,  by  the  Council  of  War 
tha4T  tried  him,  to  suffer  the  extreme  penalty,  the  Presi 
dent  has  come  to  the  following  determination : 

"  Having  examined  this  solicitation  for  pardon  with 
all  the  gravity  which  the  case  requires,  and  the  other 
solicitations  for  the  same  purpose,  the  Citizen-President 
of  the  Republic  has  thought  proper  to  determine  that 
the  petitions  cannot  be  acceded  to ;  the  gravest  consid 
erations  of  justice  and  of  necessity  to  assure  the  peace 
of  the  nation  being  opposed  to  this  act  of  clemency. 

"  And  I  communicate  it  to  you  for  your  information, 
and  as  the  determination  on  your  said  petition. 

"  SAN  Luis  POTOST,  June  16th,  1867. 

"MEJIA. 
"  Citizens  MARIANO  EIVA  PALAXJIO,  and 

Lawyer  KAFAEL  MARTINEZ  DE  LA  TORRE, 

"  Present." 

Upon  an  application  for  further  time  to  be  extended 
to  the  Emperor's  life,  the  following  despatch  was  for 
warded  to  the  commanding  officer,  at  Queretaro : 

"  Telegram— S.  Luis  Potosi,  June  16th,  1867.  At  one 
o'clock  of  the  afternoon. 

"  CITIZEN  GENERAL  M.  ESCOBEDO,  Queretaro : 

"The  counsel  of  Maximilian  and  Miramon  have 
just  presented  themselves,  to  state  to  the  Government, 
that  the  sentence  of  the  Council  of  War  has  been  con- 


288  MAXIMILIAN. 

firmed,  which  imposed  upon  them  and  Mejia  the  pun 
ishment  of  death ;  and  that  the  execution  has  been 
ordered  to  take  place  this  afternoon.  Pardon  has  been 
asked  for  the  three  condemned  persons,  which  the  Gov 
ernment  has  denied,  after  having  held  the  most  atten 
tive  deliberation  thereupon.  In  order  that  the  con 
demned  may  have  the  necessary  time  to  arrange  their 
business,  the  Citizen  President  of  the  Republic  has  de 
termined  that  the  execution  of  the  three  condemned 
persons  will  not  take  place  until  Wednesday  morning, 
the  19th  of  the  present  month. 

"  Please  give  your  orders  in  conformity  with  this  reso 
lution,  and  advise  me  immediately  of  the  receipt  of  this 
message. 

"MEJIA." 

The  following  reply  came  from  General  Escobedo : 

"  Telegram  from  Queretaro  for  San  Luis  Potosi — re 
ceived  the  16th  of  June,  1867,  at  four  o'clock  and  one 
minute  of  the  afternoon. 

"  CITIZEN  MINISTER  OF  WAR  : 

"  I  am  informed  that  the  Citizen  President  has  or 
dered  a  suspension  of  the  execution  of  the  three  prison 
ers  until  the  morning  of  Wednesday,  the  19th.  I  shall 
comply  Avith  this  supreme  order. 

"  M.  ESCOBEDO 

"  SECRETARY  OF  STATE,  WAR,  and  NAVY. 
"  SAN  Luis  POTOSI,  June  16th,  1867." 

Baron  Yon  A.  Y.  Magnus,  the  Prussian  Minister  near 
the  Imperial  Government  of  Mexico,  was  also  at  San 
Luis  Potosi,  for  the  purpose  of  interceding  in  behalf  of 
Maximilian.  The  Baron  gave  all  his  attention  to  tlio 
welfare  of  the  Emperor.  After  the  final  conclusion  of 
the  President  upon  the  question  of  pardon,  the  Baron 


MAXIMILIAN.  289 

became  anxious  to  hasten  with  all  speed  to  Qucrctaro. 
In  order  to  facilitate  him  in  that  respect,  the  Govern 
ment  ordered  the  owners  of  the  stage-line  to  make  pre 
parations  therefor,  as  follows : 

"  MINISTER  OF  FOREIGN  RELATIONS  AND  GOVERNMENT, 
Department  of  Government — Section  First. 

"The  Citizen  President  of  the  Republic  has  deter 
mined  that  you  will  please  to  so  arrange  immediately, 
that  there  will  be  provided  an  extra  stage  which  will  go 
with  all  possible  dispatch  from  this  city  to  Queretaro ; 
and  that  you  will  place  this  stage  at  the  disposition  of 
Baron  A.  V.  Magnus,  and  the  persons  whom  he  wishes 
to  accompany  him. 

"I  communicate  it  to  you  in  order  that  said  extra 
stage  may  be  provided,  at  the  hour  which  M.  Baron 
Yon  Magnus  may  designate,  this  afternoon  or  to-night. 

"  Independence  and  Liberty.  San  Luis  Potosi,  June 
16th,  1867. 

"  LERDO  DE  TEJADA. 

"  Seiior  Agent  of  the  Stage-lines  of  this  city,  Present." 

On  the  fifteenth  of  June,  General  Mejia  had  been 
requested  to  say  to  the  Emperor,  that  authentic  informa 
tion  had  just  reached  Queretaro,  that  the  Empress  Car- 
lota  had  died.  The  General  communicated  the  state 
ment  to  His  Majesty. 

In  consequence  thereof,  he  wrote  that  day  a  letter  to 
Baron  Largo,  who  had  been  ordered  away  from  Quere 
taro,  the  14th,  by  General  Escobedo,  and  who  went  to 
Tacubaya,  where  he  received  the  letter;  in  the  post 
script  to  which,  the  Emperor  wrote  as  follows :  "  I  have 
just  learned  that  my  poor  wife  has  died,  and  though  the 
news  affects  my  heart,  yet,  on  the  other  hand,  under  the 
present  circumstances,  it  is  a  consolation.  I  have  but 
one  wish  on  earth ;  that  is,  that  my  body  may  be  buried 
13 


290  MAXIMILIAN. 

next  to  that  of  my  poor  wife.  I  intrust  you  with  this, 
as  the  representative  of  Austria.  I  ask  you  that  my 
legal  heirs  will  take  the  same  care  of  those  who  sur 
rounded  me,  and  my  servants,  as  though  the  Empress 
and  I  had  lived." 

On  the  sixteenth,  about  half  an  hour  before  the  Em 
peror's  anticipatad  execution,  he  took  from  his  finger  his 
marriage-ring  and  gave  it  to  his  physician,  Dr.  Samuel 
Basch,  requesting  him  to  carry  it  to  the  Archduchess 
his  mother,  supposing  at  the  time  that  his  wife  the  Em 
press  was  dead.  Not  being  executed  that  day,  he  re 
ceived  it  back  again,  and  wore  it  as  usual.  On  the  next 
day  the  Emperor  wrote  the  following  letter  to  Baron 
Largo : 

"  DEAR  BAROX  : 

"  I  have  nothing  to  look  for  in  this  world ;  and  my 
last  wishes  are  limited  to  my  mortal  remains,  which 
soon  will  be  free  from  suffering  and  under  the  favor  of 
those  who  outlive  me.  My  physician,  Dr.  Basch,  will 
have  my  body  transported  to  Vera  Cruz.  Two  servants, 
Gull  and  Tudas,  will  be  the  only  ones  who  will  accom 
pany  him.  I  have  given  orders  that  my  body  be  car 
ried  to  Vera  Cruz  without  any  pomp,  and  that  no  ex 
traordinary  ceremony  be  made  on  board.  I  await  death 
calmly,  and  I  equally  wish  to  enjoy  calmness  in  the 
coffin.  So  arrange  it,  dear  Baron,  that  Dr.  Basch  and 
my  two  servants  be  transported  to  Europe  in  one  of  the 
two  war-vessels. 

"  I  wish  to  be  buried  by  the  side  of  my  poor  wife.  If 
the  report  of  the  death  of  my  poor  wife  has  no  founda 
tion,  my  body  should  be  deposited  in  some  place  until 
the  Empress  may  meet  me  through  death. 

"  Have  the  goodness  to  transmit  the  necessary  orders 
to  the  captain  of  the  ship  de  Groeller.  Have  likewise 
the  goodness  to  do  all  you  can  to  have  the  widow  of  my 


MAXIMILIAN.  291 

faithful  companion  in  arms,  Miramon,  go  to  Europe  in 
one  of  the  two  war-vessels.  I  rely  the  more  upon  this 
wish  being  complied  with,  inasmuch  as  I  have  recom 
mended  her  to  place  herself  under  my  mother  at 
Vienna. 

"Again,  I  give  you  my  most  cordial  thanks  for  all  the 
inconveniences  which  I  cause  you;  and  I  am,  with  the 
greatest  good-will, 

"  Yours, 

tl  ^  "  MAXIMILIAN. 

QUERETARO,  in  the  Prison  of  the 

Capuchinas,  17th  of  June,  1867." 

Before  Maximilian's  execution,  he  observed  to  some 
of  his  officers  in  the  convent,  that  it  was  not  so  very  hard 
to  die  after  all ;  that  he  felt  as  though  he  were  going  into 
battle.  He  also  remarked  that  he  could  forgive  Lopez ; 
but  Marquez,  never ! 

The  day  before  his  death,  the  captain  who  was  to  di 
rect  the  execution,  went  to  the  convent  to  see  the  Em 
peror,  and  apologized,  saying  that  lie  was  sorry  that  he, 
Maximilian,  was  compelled  to  suffer  death ;  that  he  him 
self  was  ordered  to  cause  him  to  be  executed,  which  he 
regretted ;  and  that  he  was  obliged  to  obey  the  order. 
The  Emperor  excused  him  from  any  blame,  observing 
that  it  was  not  his  fault. 

Baron  Magnus  arrived  on  the  eighteenth  at  Queretaro, 
from  San  Luis  Potosi,  and  immediately  visited  the  Em 
peror.  After  which,  considering  as  he  did  that  it  was 
his  solemn  duty  to  do  everything  that  was  within  his 
power,  he  was  not  inclined  to  remain  silent,  until  he  saw 
that  the  safety  of  Maximilian's  life  was  beyond  hope. 
He  therefore  again  placed  himself  in  communication 
with  the  officers  of  Government,  as  the  last  remedy, 
at  a  late  hour  that  night ;  when  he  sent  the  following 
message : 


292  MAXIMILIAN. 

"  Telegram  from  Queretaro  to  San  Luis  Potosi,  re 
ceived  at  9  o'clock  and  30  minutes  of  the  night,  June 
18th,  1867. 

"  His  EXCELLENCY 

"  SENOK  D.  SEBASTIAN  LERDO  DE  TEJADA  : 

"Having  reached  Queretaro  to-day,  I  am  sure  that 
the  three  persons,  condemned  on  the  14th,  died  morally 
last  Sunday ;  and  that  the  world  so  estimates  it,  as  they 
had  made  every  disposition  to  die,  and  expected  every 
instant,  for  an  hour,  to  be  carried  to  the  place  where  they 
were  to  receive  death,  before  it  was  possible  to  commu 
nicate  to  them  the  order  suspending  the  act. 

"  The  humane  customs  of  our  epoch  do  not  permit 
that,  after  having  suffered  that  horrible  punishment,  they 
should  be  made  to  die  the  second  time  to-morrow. 

"  In  the  name,  then,  of  humanity  and  Heaven,  I  con 
jure  you  to  order  their  lives  not  to  be  taken  ;  and  I  re 
peat  to  you  again,  that  I  am  sure  that  my  Sovereign, 
His  Majesty  the  King  of  Prussia,  and  all  the  monarch s 
of  Europe  united  by  the  ties  of  blood  with  the  im 
prisoned  Prince,  namely,  his  brother  the  Emperor  of 
Austria,  his  cousin  the  Queen  of  the  British  Empire,  his 
brother-in-law  the  King  of  the  Belgians,  and  his  cousins, 
also,  the  Queen  of  Spain  and  the  Kings  of  Italy  and 
Sweden,  will  easily  understand  how  to  give  His  Excel 
lency  Seiior  D.  Benito  Juarez,  all  the  requisite  securities 
that  none  of  the  three  prisoners  will  ever  return  to  walk 
on  the  Mexican  territory. 

"A.  Y.MAGNUS." 

The  following  reply  to  the  foregoing  was  received  by 
Baron  Magnus : 

"  Telegram. —San  Luis  Potosi,  June  18th,  1S67,  at  10 
o'clock  and  five  minutes  of  the  night. 


MAXIMILIAN.  293 

"  SENOR  BARON  A.  V.  MAGNUS,  etc.,  etc.,  Queretaro  : 

"  I  am  pained  to  tell  you,  in  answer  to  the  telegram 
which,  you  have  been  pleased  to  send  me  to-night,  that, 
as  I  declared  to  you  day  before  yesterday,  in  this  city, 
the  President  of  the  Republic  does  not  believe  it  possi 
ble  to  grant  the  pardon  of  the  Archduke  Maximilian, 
through  the  gravest  considerations  of  justice,  and  of  the 
necessity  of  assuring  peace  to  the  Republic. 
"  I  am,  Seiior  Baron,  very  respectfully, 
"  Your  obedient  servant, 

"  SEBASTIAN  LERDO  BE  TEJADA." 

The  following  despatch  was  sent  by  the  Emperor  to 
President  Juarez  on  the  1 8th  of  June  : 

"  Central  Telegraph  Line.  Official  telegram.  De 
posited  in  Queretaro.  Received  in  San  Louis  Potosi  at 
one  o'clock  and  fifty  minutes  of  the  afternoon,  the  1 8th 
of  June,  1867. 

"  C.  BENITO  JUAREZ  : 

"  I  desire  that  you  may  preserve  the  lives  of  D.  Mi 
guel  Miramon  and  D.  Tomas  Mejia,  who  day  before  yes 
terday  suffered  all  the  tortures  and  bitterness  of  death  ; 
and,  as  I  manifested  on  being  taken  prisoner,  I  should 

be  the  only  victim. 

"  MAXIMILIAN." 

This  was  an  exhibition  of  nobleness  of  character  sel 
dom  to  be  met  with,  and  which  had  been  manifested  by 
the  Emperor  all  through  his  Mexican  career. 

On  that  night  the  commander,  General  Escobedo,  vis 
ited  the  Emperor  at  half-past  eleven  o'clock.  He  asked 
His  Majesty  for  his  photograph,  which  the  Emperor 
gave  him.  After  a  few  moments'  conversation  they  bid 
each  other  farewell,  and  the  General  left.  The  Emperor 


294  MAXIMILIAN. 

had  retired  at  nine  o'clock,  but  was  restless,  dozed  n 
little,  and  was  awake  when  Escobedo  entered.  lie 
slept  only  about  two  and  a  half  hours.  The  thoughts 
of  the  morrow  were  ill  suited  to  produce  slumber.  lie 
dressed  at  a  little  past  three  o'clock.  The  priest  came 
at  four,  and  prayers  were  said  at  about  five.  He  gave 
to  Dr.  Basch  his  marriage-ring,  to  be  delivered  to  the 
Archduchess,  his -mother,  still  under  the  supposition  that 
the  Empress  was  dead.  He  then  wrote  the  following 
letter  to  the  President  : 

"  QUERETARO,  June  19th,  1867. 
"  SB.  BENITO  JUAREZ  : 

"  About  to  receive  death,  in  consequence  of  having 
wished  to  prove  whether  new  political  institutions  could 
succeed  in  putting  an  end  to  the  bloody  civil  war  which 
has  devastated  for  so  many  years  this  unfortunate  coun 
try  ;  I  shall  lose  my  life  with  pleasure  if  its  sacrifice  can 
cont  ribute  to  the  peace  and  prosperity  of  my  new  coun 
try.  Fully  persuaded  that  nothing  solid  can  be  founded 
on  a  soil  drenched  in  blood  and  agitated  by  violent  com 
motions,  I  conjure  you  in  the  most  solemn  manner,  and 
with  the  true  sincerity  of  the  moments  in  which  I  find 
myself,  that  my  blojxljnay  be  the  last  to  be  spilt; 
that  the  .same  perseverance  which  I  was  pleased  to  re 
cognize  and  esteem  in  the  midst  of  prosperity — that 
with  which  you  have  defended  the  cause  which  has  just 
triumphed — may  consecrate  that  blood  to  the  most  noble 
task  of  reconciling  the  minds  of  the  people,  and  in 
founding  in  a  stable  and  durable  manner  the  peace  and 
tranquillity  of  this  unfortunate  country. 

"  MAXIMILIAN." 

Many  of  the  last  letters  and  documents  signed  by  His 
Majesty  were  penned  by  Mr.  Herman  G.  Schwesinger,  who 
v/as  a  confidential  friend  of  His  Majesty,  and  who,  for 


MAXIMILIAN".  295 

that  friendship  was  imprisoned  six  weeks  without  any 
charges  being  made  against  him.  He  deserves  a  men 
tion  herein  for  his  fidelity  to  the  Emperor. 

The  citv  of  Qjieretaro,  on  the  19th  of  June,  A.  D.  1867, 
^_ *     - — --^ 

presented  one  of  the  most  solemn  scenes  ever  witnessed, 
save  that  which  the  murder  and  burial  of  Abraham  Lin 
coln  produced  in  Washington  City.  For  a  beloved 
mortal,  about  to  put  on  immortality,  the  drapery  of 
mourning  was  worn  by  thousands,  as  an  emblem  of 
hearts  sincerely  touched  with  grief. 

At  half-past  six  o'clock,  on  that  morning,  stood  before 
the  entrance  of  the  convent  of  the  Capuchinas,  three 
ordinary  carriages,  with  a  pair  of  not  very  elegant  horses 
attached  to  each.  The  first  one  of  those  carriages  was 
entered  by  Maximilian  and  Father  Soria,  a  priest.  The 
Emperor  was  dressed  in  a  single-breasted  black  frock- 
coat,  buttoned  up  save  the  last  button ;  black  vest,  neck 
tie,  and  pants,  ordinary  boots,  and  a  wide-brimmed  hat. 

After  the  Emperor  arrived  at  the  carriage,  he  sent 
back  for  his  physician,  Dr.  Samuel  Basch.  He  desired 
to  have  some  one  that  he  believed  to  be  his  friend  near 
him  in  the  last  moment.  The  Emperor  sent  for  Dr. 
Basch  twice,  but  the  doctor  did  not  appear.  It  was  not 
because  Dr.  Basch  did  not  wish  to  do  him  a  favor;  the 
attachment  which  endeared  His  Majesty  so  much  to  the 
doctor  completely  broke  the  spirits  of  the  latter,  and  so 
unnerved  him  that  he  had  not  the  heart  to  look  upon 
the  Emperor  as  the  leaden  messenger  of  death  winged 
its  way  into  his  noble  form.  The  doctor  was  a  true 
friend  to  His  Majesty:  would  that  he  had  possessed 
more  like  him ! 

General  Miramon  and  his  accompanying  priest  occu 
pied  the  second  carriage,  and  General  Mejia  and  his 
priest  the  other.  In  the  extreme  advance  of  their  mili 
tary  escort  were  five  mounted  men,  one  of  whom  was  a 
corporal,  a  few  paces  in  front  of  the  others.  Next  fol- 


200  MAXIMILIAN. 

lowed  a  company  of  infantry,  composed  of  eighty  men, 
who  belonged  to  the  regiment  known  as  the  "  Supreme 
Powers ;"  in  their  rear  were  the  three  carriages  escorted 
by  a  battalion  of  Nuevo  Leon  infantry,  one  half  of  which 
flanked  each  side  of  the  road,  parallel  with  the  vehicles. 
Then  came  a  rear  guard  of  two  hundred  and  fifty 
mounted  men,  called  Gazadares  de  Galeana  (sharp 
shooters  of  Galeana). 

Soon  after  those  carriages  were  thus  entered,  they 
and  their  escorts  moved  slowly  on,  carrying  three 
noble  men  into  the  arms  of  death.  What  a  contrast 
in  the  two  pictures — that  of  His  Majesty's  entrance 
into  Queretaro,  and  that  of  his  departure  therefrom ! 
The  former  was  a  glittering  procession  and  triumphal 
entry ;  the  latter,  a  solemn  march  into  the  hands  of  the 
executioner, 

"  Where  Mexicans  wrought  their  cruelty." 

The  appointed  place  for  that  work  of  barbarism  was 
El  Cerro  de  las  Campanas  (the  Hill  of  the  Bells),  about 
one  and  a  quarter  mile  northwest  of  the  city.  It  was 
near  that  hill  the  Emperor  and  Mejia  were  taken  prisoners. 
Are  we  to  suppose  that  the  conquerors  were  actuated  by 
the  same  principles  which  governed  the  infuriated  Eng 
lish  two  centuries  ago  ? — that  mob  which,  dethroned  of 
reason,  and  wild  with  vengeance  and  hate,  executed 
Charles  I.  before  Whitehall,  near  his  own  palace,  to 
show  the  triumph  of  republicanism  over  royal  majesty. 
Did  the  Mexicans  hope  to  overrun  the  cup  of  sorrow  by 
presenting  to  Maximilian's  dying  view  the  unfortuaate 
spot  of  his  surrender?  The  English  would  feign  seal 
up  that  part  of  their  history.  What  will  Mexicans 
hereafter  think  of  their  own  past  record  ? 

While  the  cortege  advanced  to  the  place  of  execution, 
the  faces  of  the  surrounding  multitude  were  pictured 


MAXIMILIAN.  297 

with  sorrow.  Crowds  upon  crowds  rushed  along,  mourn 
fully  looking  at  the  victims  for  the  sacrifice,  shedding 
tears,  offering  up  prayers,  and  holding  up  the  cross  as 
the  true  emblem  of  consolation.  Could  one  have  dropped 
suddenly  from  the  clouds  among  that  gathered  concourse, 
he  would  have  thought  that  a  whole  nation  were  in 
mourning.  If  ever  there  was  proof  of  true  affection 
from  a  whole  people  for  living  man  it  was  then.  It  was 
not  idle  curiosity  that  assembled  that  mighty  host. 
Their  actions,  their  expressions  of  grief,  their  contempt 
exhibited  toward  the  soldiery,  were  too  apparent  to  de 
ceive  the  observing  witness. 

About  twenty  minutes  time  brought  the  unfortunate 
men  to  their  death-ground.  His  Majesty  stepped  out 
of  his  carriage  and  gave  his  hat  and  handkerchief,  with 
which  he  wiped  his  face,  to  his  servant,  to  carry  to  his 
mother  and  brother,  and  looked  to  see  if  any  friend 
came,  and  asked  if  he  was  alone,  to  which  the  servant 
on  the  carriage  said  "  Yes."  He  stroked  down  his  ample 
beard,  as  was  his  frequent  habit,  and  walked  proudly  to 
his  place ;  this  was  where  the  right-hand  cross  in  the 
engraving  herein  stands,  and  is  within  about  twenty  feet 
of  the  wall  in  the  rear,  which  is  a  part  of  the  fortifica 
tion  erected  by  himself. 

About  three  thousand  soldiers  stood  in  a  square,  so  as 
to  enclose  the  ground  of  execution  on  three  sides,  leav 
ing  the  rear  supported  by  the  wall.  The  centre  cross 
marks  the  spot  where  General  Miramon  stood,  and  the 
other  the  position  of  General  Mejia. 

The  Emperor  gave  to  Lieutenant-Colonel  Margain,  on 
the  16th,  for  each  of  his  seven  executioners  a  twenty- 
dollar  gold  piece  of  money,  with  his  profile  thereupon. 

The  victims  embraced  each  other  three  times,  the  Em 
peror  saying  that  they  would  meet  in  Heaven.  He  also 
said  to  Miramon,  "  Brave  men  are  respected  by  sover 
eigns — permit  me  to  give  you  the  place  of  honor,"  pla- 


298  MAXIMILIAN. 

cing  him  at  the  same  time  in  the  centre.     Gen.  Escobedo 
was  not  on  the  ground.     He  remained  at  his  quarters. 

Each  of  the  three  victims  had  an  opportunity  of  de 
livering  a  farewell  address.  The  Emperor  spoke  as 
follows : 

"  Persons  of  my  rank  and  birth  are  brought  into  the 
world  either  to  insure  the  welfare  of  the  people,  or  to 
die  as  martyrs.  I  did  not  come  to  Mexico  from  motives 
of  ambition.  I  came  at  the  earnest  entreaty  of  those 
who  desired  the  welfare  of  our  country.  Mexicans  !  I 
pray  that  my  blood  may  be  the  last  to  be  shed  for  our 
unhappy  country,  and  may  it  insure  the  happiness  of 
the  nation.  Mexicans  !  Long  live  Mexico  !" 

General  Mejia  had  previously  requested  General  Esco 
bedo  to  take  care  of  his  son,  but  at  the  time  of  his  exe 
cution  he  said  nothing :  his  attitude  was  firm  and  resolute. 

Miramon  drew  from  his  pocket  a  small  piece  of  paper, 
from  which  he  read : 

"  MEXICANS  !  behold  me,  condemned  by  a  Council  of 
War,  and  condemned  to  death  as  a  traitor !  In  these  mo 
ments  which  do  not  belong  to  me,  in  which  my  life  is  al 
ready  that  of  the  Supreme  Being,  before  the  entire  world 
I  proclaim  that  I  have  never  been  a  traitor  to  my  country. 
I  have  defended  my  opinions,  but  my  children  will  never 
be  ashamed  of  their  father.  I  have  not  the  stain  of 
treason,  neither  will  it  pass  to  my  children.  Mexicans  ! 
Long  live  Mexico  !  Long  live  the  Emperor !" 

Just  as  Miramon  was  finishing,  the  Emperor  placed 
Ids  hand  on  his  breast,  threw  up  his  head,  and  gave  the 
word — "  Fire  !"  The  executioners  then  discharged  their 
guns.  At  each  victim  six  soldiers  fired  simultaneously. 
The  two  Generals  were  killed  immediately.  The  Emperor 


MAXIMILIAN.  099 

first  received  four  balls,  three  in  the  left  breast,  and  one 
in  the  right ;— three  passes-through  and  came  out  of  the 
shoulder.  As  they  fired,  Maximilian  fell  a  little  sideways, 
foiling  on  his  right  side,  causing  a  little  bruise  on  the 
face  and  hip.  And  as  he  fell,  he  exclaimed,  "  Hombre  ! 
Hombre  /"  (O  man !  O  man  !)  This  statement  has  been 
disputed  by  Baron  Magnus,  but  he  did  not  stand  as  near 
the  victim  as  some  other  individuals,  who  heard  more 
distinctly.  After  Maximilian  had  fallen,  a  soldier  fired 
into  his  stomach,  which  caused  him  to  move  slightly; 
then  another  shot  sent  a  ball  through  his  heart,  produ 
cing  instant  death. 

When  the  victims  first  entered  the  ground  of  execu 
tion,  the  officer  in  command  of  the  forces  present  read 
the  following  order  to  the  surrounding  multitude : 

"  SOLDIERS  : 

"  In  the  name  of  the  nation,  he  who  solicits  pardon 
for  the  three  prisoners,  or  any  of  them,  will  be  shot." 

Possibly,  it  may  be  denied  that  such  an  order  was 
read ;  but  nevertheless  it  is  true.  A  general  in  the  Lib 
eral  army  said  that  the  law  required  such  an  order  to  be 
read. 

Thus  passed  away  that  good  man,  Ferdinand  Maxi 
milian  I.,  Emperor  of  Mexico,  from  a  corruptible  to  an 
incorruptible  crown  of  glory. 

He  died  like  the  bravest.  And  well  may  it  be  said 
that 

"  Never  in  moment  most  elate, 

Did  that  high  spirit  loftier  rise ; 
While  bright,  serene,  determinate, 

His  looks  were  lifted  to  the  skies, 
As  if  the  signal  lights  of  fate 

Were  sinning  in  those  awful  eyes  ! 
Tis  come — his  hour  of  martyrdom 
In  honor's  sacred  cause  is  come  ; 


000  MAXIMILIAX. 

And,  though  his  life  hath  passed  away, 
Like  lightning  on  a  stormy  day, 
Yet  shall  his  death-hour  leave  a  track 
Of  glory,  permanent  and  bright." 

It  was  apparent,  even  to  a  casual  observer,  that  tbe 
spirit  of  revenge  was  running  high,  from  the  moment  of 
the  capture  of  Maximilian  until  he  was  murdered.  The 
zeal  and  animosity  engendered  against  a  man  of  high 
rank,  who  had  come  from  a  foreign  land,  added  to  the 
raging  violence  of  a  civil  war,  so  inflamed  the  minds  of 
the  Liberals  that  the  voice  of  reason  was  unheard. 
Their  victims  were  marked,  the  work  must  be  done ; 
they  could  not  be  deprived  of  the  sight  of  that  Impe 
rial  blood  which  was  to  tinge  their  soil,  gratify  their 
savage  spirit,  and  satisfy  "justice  and  the  peace  of  the 
nation"  as  by  them  considered  requisite. 

No  argument  could  be  presented  which  they  would 
admit  savored  of  reason,  if  it  had  for  its  object  the  sav 
ing  of  life.  The  officers  of  the  army,  from  Generals 
down,  with  but  few  exceptions,  were  desirous  that  death 
should  embrace  the  victims.  If  they  were  addressed  on 
the  subject  by  persons  in  favor  of  leniency,  they  exhib 
ited  the  greatest  acrimony  of  expression  which  their 
abilities  were  capable  of  forming.  You  could  not  go 
among  the  officers  without  inhaling  the  breath  of  ven 
geance.  It  seemed  as  though  they  had  turned  around 
and  looked  the  dark  ages  in  the  face,  that  they  might 
bring  up  the  same  scenes  then  witnessed,  for  the  review 
of  the  present  century.  That  they  equalled  them  in 
barbarity  cannot  be  doubted  by  civilized  nations.  The 
ideas  of  toleration,  the  mild  and  charitable  spirit  taught 
by  Christianity  in  the  present  age,  entirely  escaped  their 
thoughts.  In  short,  such  ideas  were  repugnant  to  their 
sentiments  of  justice.  A  photograph  of  the  pagan 
world  would  present  a  view  not  unlike  that  of  to-day, 
within  the  jurisdiction  of  Mexico. 


•MAXIMILIAN.  301 

I  desire  not  to  be  understood  as  applying  this  to  all 
Mexicans ;  there  are  many  exceptions.  There  are  many 
in  the  Liberal  party  that  were  opposed  to  taking  the  life 
of  Maximilian.  The  officers  of  the  army  were  furious. 
The  common  soldier  hardly  expressed  an  opinion  on  the 
subject  of  his  execution.  I  believe  the  majority  of 
them  were  not  in  favor  of  it.  One  officer  high  in  com 
mand,  had  been  in  favor  of  the  execution  of  the  Empe 
ror  ;  but,  when  he  received  a  telegram  stating  that  the 
execution  had  taken  place,  he  observed  to  a  friend  of 
mine  that  it  made  him  feel  sick  for  several  days.  He 
would  have  gladly  restored  him,  had  such  a  thing  been 
possible.  When  reason  was  brought  to  bear  coolly, 
the  conclusion  was  correct.  I  think  that  there  are  thou 
sands  of  Mexicans  who  deeply  regret  the  act.  Some 
brutal  Mexicans,  near  the  frontier,  fired  cannon  in  com 
memoration  of  the  execution.  It  would  be  a  sad  reflec 
tion  on  civilization,  if  the  death  of  a  man  should  cause 
rejoicing,  even  when  every  principle  of  law  and  justice 
would  justify  the  deprivation  of  life. 
~"~  Cruelty  is  a  plant  that  took  root  in  Mexico  long  ago, 
and  the  scythe  of  civilization  has  made  but  little  ad 
vancement  toward  its  destruction.  77 


CHAPTER  XV. 

Order  to  embalm  the  body— Mode  of  embalming— Bequests  for  the  corpse- 
Denials— Written  request  granted— Corpse  delivered  to  Austrian  authori 
ties — Departure  of  same  for  Europe. 

PRIOR  to  the  execution  of  the  Emperor,  the  Gov 
ernment  of  the  Republic  had  been  solicited  to  per 
mit  his  remains  to  be  so  prepared  that  they  could  be  sent 
out  of  the  country,  and  also  to  allow  the  transportation 
thereof  to  the  family  of  Maximilian  in  Europe. 

His  Majesty  wrote  a  letter  to  that  effect,  on  the  six 
teenth  of  June,  to  Seiior  Don  Carlos  Rubio,  and  also  one 
on  the  eighteenth,  to  General  Escobedo,  in  which  he 
requested  that  his  physician,  Dr.  Samuel  Basch,  be  per 
mitted  to  embalm  his  body ;  and,  in  conjunction  with 
Baron  A.  V.  Magnus,  to  take  it  to  his  family  relatives 
in  Austria. 

That  request  was  not  wholly  acceded  to ;  but  with  a 
view  of  having  the  body  so  preserved  that  it  might  be 
in  a  proper  condition  to  convey  away,  provided  that 
right  should  thereafter  be  granted,  the  Government  for 
warded  the  following  instructions  in  relation  thereto,  to 
General  Escobedo : 

"  Telegram— San  Luis  Potosi,  June  18th,  1867.  At 
nine  o'clock  of  the  morning : 

"  C.  GENERAL  MABIANO  ESCOBEDO,  Queretaro : 

"  The  Government  has  been  asked  that,  as  soon  as 
the  execution  of  Maximilian  shall  have  taken  place, 
permission  be  granted  to  dispose  of  the  body,  with  the 
intention  of  carrying  it  to  Europe. 


MAXIMILIAN".  003 

"  This  has  not  been  permitted ;  but  in  consideration  of 
the  petition,  the  C.  President  of  the  Republic  has  ordered 
that  you  will  proceed  in  conformity  with  the  following 
instructions : 

"First.  After  the  execution  of  the  three  convicted 
persons  shall  have  taken  place,  if  the  relatives  of  D.  M. 
Miramon  and  D.  T.  Mejia  should  ask  to  dispose  of  their 
bodies,  you  will  permit  them  immediately  freely  to 
do  so. 

"  Second.  You  only  will  order  what  may  be  necessary 
respecting  the  body  of  Maximilian,  denying  anybody 
else  the  right  to  make  any  disposition  thereof. 

"  Third.  You  will  order  to  be  made,  within  the  proper 
time,  boxes  of  zinc  and  wood,  to  preserve  in  a  proper 
manner  the  body  of  Maximilian ;  and  also  those  of  D. 
M.  Miramon  and  D.  T.  Mejia,  if  their  relatives  do  not 
ask  for  them. 

"  Fourth.  If  any  person  should  ask  that  he  be  permitted 
to  embalm  or  inject  the  body  of  Maximilian,  or  to  do  any 
thing  else  which  may  not  be  improper,  you  will  refuse 
the  right  to  any  other  person  to  do  the  same ;  but  in 
such  a  case,  you  will  provide,  without  prohibiting  the 
presence  of  foreigners,  that  it  be  done  by  Mexicans,  in, 
whom  you  have  confidence,  and  that  every  thing  be 
done  in  proper  manner,  at  the  expense  of  the  govern 
ment. 

"Fifth.  After  the  execution  shall  have  taken  place, 
you  will  provide  that  care  be  immediately  taken  of  the 
body  of  Maximilian,  and  also  of  the  others,  if  their  rela 
tives  do  not  ask  for  them,  and  that  proper  decorum  be 
paid  them  after  the  fulfilment  of  justice. 

"  Sixth.  You  will  direct  that  the  body  of  Maximilian 
be  deposited  in  a  proper  and  secure  place,  under  the 
vigilance  of  the  authorities. 

"  Seventh.  For  the  final  rest  of  the  bodv  of  Maximil- 


304  MAXIMILIAN*. 

ian,  and  of  the  others,  if  their  relatives  do  not  ask  for 
them,  you  will  provide  that  the  accustomed  religious 
acts  be  performed. 

"LERDO  DE  TEJADA." 

Baron  de  Largo,  the  Austrian  charge  d'affaires  near 
the  Empire  of  Maximilian,  having,  among  others  of  the 
diplomatic  corps,  been  ordered  away  from  Queretaro, 
went  to  Tacubaya,  and  remained  until  the  city  of  Mexico 
surrendered.  He  sent  the  following  message  to  the 
President  of  the  Republic : 

"Telegram — From  Tacubaya,  for  San  Luis  Potosi. 
Deposited  in  Tacubaya  the  19th  of  June,  1867. 

"  Received  in  Potosi,  at  nine  o'clock  and  25  minutes 
of  the  night,  the  20th  of  June. 

"  C.  PRESIDENT  : 

"  I  pray  you  to  concede  to  me  the  body  of  Maxi 
milian,  in  order  that  I  may  convey  it  to  Europe. 

"  BARON  DE  LARGO." 

The  following  reply  thereto  was  given  by  the  Minister 
of  Foreign  Affairs : 

"  Telegram— San  Luis  Potosi,  June  20th,  1867,  at  10 
o'clock  and  15  minutes  of  the  night. 

"  To  SENOR  BARON  DE  LARGO  : 

"  The  President  of  the  Republic  has  directed  me  to 
say  to  you,  in  answer  to  your  telegram  of  yesterday, 
which  was  received  this  evening,  that  for  grave  reasons 
the  right  cannot  be  granted  you  to  dispose  of  the  body 

of  Maximilian. 

"  S.  LERDO  DE  TEJADA." 


MAXIMILIAN.  305 

On  the  19th,  immediately  after  the  execution  of  the 
Emperor,  his  body  was  transported  back  to  the  convent, 
whence  it  went  forth  with  breathing  life  scarcely  an 
hour  before.  That  lifeless  corpse  presented  a  ghastly 
sight  to  the  few  surrounding  friends  that  had  been  near 
it  when  it  was  the  tenement  of  the  bright  soul  that 
had  already  winged  its  flight  with  more  than  the  wild 
lightning's  speed  to  mingle  with  others  around  the 
heavenly  throne.  Alas  !  what  an  hour  may  bring  forth  ! 
It  was  a  mournful  proof  that  there  is  one  event  unto 
all. 

The  work  of  preservation  was  forthwith  commenced 
by  Drs.  Rivadeneyra  and  Licea,  in  the  presence  of  Dr. 
Basch ;  the  latter  having  no  right  to  dictate  as  to  the 
mode  of  procedure  in  the  embalming,  but  only  to  make 
suggestions.  The  physicians  had  no  naphtha  to  use  in 
the  work,  but  injected  chloride  of  zinc  into  the  arteries 
and  veins,  having  taken  out  the  intestines,  heart,  liver, 
lungs,  etc.,  leaving  the  frame  by  itself.  That  operation 
lasted  three  days.  During  these  nights  the  body  was 
kept  in  alcohol,  save  the  head.  It  was  varnished  twice, 
each  time  occupying  two  days  in  drying,  and  was  hung 
up  for  that  purpose.  Nearly  eight  days  were  occupied 
in  completing  the  process  of  embalming. 

All  the  parts  taken  from  the  interior  of  the  body 
were  prepared  by  being  mixed  with  the  powder  of  tan 
nin  and  gauls. 

The  body  was  afterward  dressed  in  black  pants,  mil 
itary  boots,  with  the  blue  campaign  coat  which  the  de 
ceased  wore,  with  plain  gilt  buttons,  buttoned  up  to  the 
neck ;  black  neck-tie,  and  black  kid  gloves.  Black  glass 
eyes  were  placed  over  his  natural  ones.  Glass  eyes  of 
the  color  of  Maximilian's  could  not  be  obtained.  Rob 
bing  the  face  of  a  portion  of  its  whiskers,  and  the  head 
of  its  hair,  and  changing  the  color  of  the  eyes,  have 
somewhat  disfigured  the  remains. 


!>Q6  MAXIMILIAN. 

The  coffin  in  which  the  body  was  placed  was  made  of 
cedar  and  lined  with  zinc.  Within  the  metallic  lining 
was  another  of  cambric.  Under  the  head  was  placed  a 
black  velvet  pillow  trimmed  with  gold  thread,  with 
gilt  tassels  at  the  four  corners.  The  exterior  of  the  cof 
fin  was  covered  with  black  velvet,  ornamented  with 
bands  of  gold  lace.  The  cover  over  the  face  was  of 
glass.  Near  the  foot  of  the  coffin  and  parallel  with  it 
were  two  small  compartments,  one  on  each  side,  and 
about  two  feet  in  length.  In  the  one  on  the  left  side  were 
deposited  the  heart,  liver,  and  lungs ;  and  in  the  other 
the  remainder  of  the  substances  taken  from  the  in 
terior  of  the  body,  all  which  were  mixed  with  charcoal 
and  chloride  of  lime. 

The  coffin  thus  arranged,  with  its  contents,  was  placed 
in  one  of  the  churches  at  Queretaro,  and  subsequently 
moved  to  the  Governor's  quarters.  For  the  first  two  or 
three  weeks  after  the  embalming  the  body  looked  toler 
ably  well;  but  a  month's  time  darkened  it,  and  it  soon 
gave  increasing  evidence  that  the  work  of  attempted 
preservation  had  been  badly  done.  While  in  the  quar 
ters  of  the  Governor,  it  was  seen  with  the  glass  cover 
cracked  and  spotted  with  candle-grease,  as  though 
stowed  away  like  so  much  worthless  trash. 

Baron  Magnus — who  had  been  most  faithful  to  the 
Emperor  during  his  imprisonment,  and  was  still  anxious 
to  render  favors  to  the  family  of  the  deceased,  as  well  as 
to  carry  out  his  own  desires — presented  the  following 
solicitation  to  the  Minister  of  Foreign  Relations : 

"  SAN  Luis  POTOSI,  June  29th,  1867. 

"  SIR  :  The  prisoner  Prince  at  Queretaro,  the  evening 
before  his  death,  expressed,  in  a  letter  signed  by  his 
hand  and  directed  to  General  Escobedo,  the  desire  that 
his  mortal  remains  be  confided  to  us,  myself  and  Dr. 
Samuel  Basch,  physician  of  the  deceased,  in  order  that 


MAXIMILIAN.  307 

Dr.  Basch  might  accompany  the  body  to  Europe,  and 
that  I  might  charge  myself  with  having  the  body  em 
balmed,  as  well  as  with  all  that  which  concerns  its 
transportation  to  Europe. 

"In  conformity  with  the  will  of  the  deceased  Prince, 
which  he  expressed  to  me  verbally,  the  transportation  of 
his  remains  should  be  done  without  any  ostentation,  and 
in  such  a  manner  as  may  carefully  avoid  anything  which 
might  excite  demonstrations  or  even  public  curiosity 
alone. 

"Reiterating,  in  consequence,  the  demand  which  I 
have  had  the  honor  to  express  to  His  Excellency,  to 
please  cause  the  necessary  orders  to  be  given  that  the 
mortal  remains  may  be  confided  to  me ;  it  would  be 
agreeable  to  me,  should  it  please  the  Government,  to 
transport  the  body  to  the  coast  and  on  board  of  one  of 
the  vessels  of  the  Austrian  navy  stationed  at  Yera 
Cruz. 

"I  avail  myself  of  this  occasion  to  repeat  to  Your 
Excellency  the  assurance  of  my  high  consideration. 

"  A.  Y.  MAGNUS. 
"  His  EXCELLENCY  D.  SEBASTIAN 
LERDO  DE  TEJADA." 

The  minister  responded  to  the  foregoing  communica 
tion  with  the  following  note  : 

"  SAN  Luis  POTOSI,  June  30th,  1867. 
"  To  SENOR  BARON  A.  Y.  MAGNUS,  <fcc.,  &c.,  &c. 

"  SIR  :  I  received  the  communication  which  you  were 
pleased  to  direct  to  me  yesterday,  stating  that  the 
Archduke  Ferdinand  Maximilian  of  Hapsburg,  on  the 
evening  before  his  death,  expressed  the  desire  that 
his  mortal  remains  should  be  confided  to  you  and  Dr. 
Samuel  Basch,  to  transport  them  to  Europe. 

"  According  to  what  I  had  the  honor  to  manifest  to 


308  MAXIMILIAN. 

you  before,  the  Government  of  the  Republic  believes 
that  for  various  considerations  it  cannot  permit  the 
mortal  remains  of  the  Archduke  to  be  carried  to  Europe. 

"  For  this  reason,  I  am  pained  to  answer  you,  that  the 
Government  cannot  give  the  orders  which  you  have  de 
sired,  with  that  end. 

"  I  avail  myself  of  this  occasion  to  repeat  to  you,  Senor 
Baron,  that  I  am,  very  respectfully, 

"  Your  obedient  servant, 

"  S.  LEKDO  DE  TEJADA." 

The  body  of  the  Emperor  was  again  solicited  on  the 
part  of  his  physician  in  the  following  terms  : 

"  C.  LERDO  DE  TEJADA,  Minister  of  Government  and  of 
Foreign  Relations : 

"  The  undersigned,  with  due  respect,  has  the  honor  to 
present  to  you,  Citizen  Minister,  that : 

"  As  private  physician  to  the  deceased  Archkduke 
Maximilian,  I  was  charged  by  him  to  carry  his  body  to 
Europe,  with  the  object  of  delivering  it  to  his  family. 

"  That  such  was  his  will  is  shown  by  the  letter  signed 
by  himself,  which  on  the  16th  of  June  last  past  he  di 
rected  to  D.  Carlos  Rubio,  in  Queretaro,  and  a  copy  of 
which  I  have  the  honor  to  annex  hereto  (Sub.  A),  as 
well  as  the  letter  of  the  18th  of  the  same  month,  the 
original  of  which  is  in  the  hands  of  C.  General  Esco- 
bedo,  as  it  is  shown  by  the  letter  of  C.  Colonel  Ricardo 
Villanueva,  which  (Sub.  B)  is  found  hereto  annexed. 

"  The  fulfilment  of  this  request  I  consider  a  sacred 
duty,  and  I  hasten  in  its  performance  to  solicit  you,  Cit 
izen  Minister,  to  be  pleased  to  grant  that  the  above-men 
tioned  body  be  delivered  to  me  ;  supporting  this  solicita 
tion  by  the  fact  that,  by  a  superior  order,  the  bodies  of 
his  companions  in  misfortune  have  been  delivered  to  the 


MAXIMILIAN.  309 

families,  and  that  never,  and  in  no  time,  has  the  supreme 
government  refused  to  deliver  any  corpse  to  the  rela 
tives  who  asked  for  it. 

"  I  beg,  finally,  that  you  will  condescend  to  answer 
my  respectful  solicitation,  whatever  that  answer  may  be, 
in  order  that,  on  returning  to  my  country,  I  may  be  able 
to  justify  myself  before  the  family  of  the  deceased  Arch 
duke,  in  having  done  on  my  part  all  that  I  could  to  suc 
ceed  in  transporting  the  body  in  question. 

"  Which  will  be  received  as  a  favor  from  you  by 
"  Your  most  respectful  servant, 

"  DR.  SAMUEL  BASCH. 
"  C.  MINISTER. 
"  MEXICO,  July  27th,  1867." 

The  above  petition  produced  the  following  response  : 

"  Minister  of  Foreign  Relations  and  of  Government. 
Department  of  Government,  Section  1st. 

"  In  view  of  your  petition  of  day  before  yesterday's 
date,  for  permission  to  convey  to  Europe  the  mortal  re 
mains  of  the  Archduke  Maximilian,  the  C.  President  of 
the  Republic  has  determined  that  for  various  and  grave 
considerations  the  petition  cannot  be  acceded  to. 

"Independence  and  Liberty.     Mexico,  July  29,  1867. 

"  LERDO  DE  TEJADA. 
"  To  DR.  SAMUEL  BASCII." 


The  following  message  was  sent  by  the  Military  Com 
mander  of  Vera  Cruz  to  the  Minister  of  War : 


"  Telegram — From  Yera  Cruz  to  Mexico.  Received 
in  Mexico  the  26th  of  August,  1867,  at  7  o'clock  and  29 
minutes  of  the  night. 


310  MAXIMILIAN. 

"  C.  MINISTER  OF  WAR  : 

"  The  Austrian  Admiral,  Tegethoff,  arrived  this  morn 
ing  at  Sacrificios,  in  the  war-steamer  of  his  nation,  '  JEliz- 
abeth?  He  sent  a  message  to  this  military  command, 
stating  that  he  desired  to  pass  to  the  Capital,  and  to 
obtain  permission  from  the  Supreme  Government  to 
carry  away  the  body  of  Maximilian.  I  desire  to  know 
whether  I  must  prohibit  his  going  to  Mexico. 

"  ZEREGA." 

The  answer  sent  was  as  follows  : 

"Telegram — Office  of  Minister  of  War  and  Navy, 
Mexico,  August  26th,  1867. 

"  CITIZEN  MILITARY  COMMANDER  OF  YERA  CRUZ  : 

"  The  President  of  the  Republic  has  been  informed 
that  Admiral  Tegethoff  has  arrived  at  that  port,  and 
that  he  desires  to  pass  to  this  Capital.  You  can  let  him 
pass  without  objection. 

"  MEJIA." 

Messrs.  Mariano  Riva  Palacio  and  Rafael  Martinez  de 
la  Torre,  two  of  the  counsel  of  Maximilian,  presented 
themselves  before  the  Minister  of  Foreign  Relations  on 
the  third  of  September,  and  stated  to  him  that  Admiral 
Tegetlioff  had  arrived,  and  that  he  desired  an  interview 
with  him,  the  Minister. 

The  request  was  granted,  and  the  hour  of  five  on  that 
afternoon  was  designated  for  an  audience. 

At  the  appointed  time,  the  Admiral,  accompanied  by 
the  two  mentioned  counsel,  appeared  before  the  Minis 
ter,  and  said  that  he  had  come  to  Mexico  with  the  object 
of  asking  of  the  Government  of  the  Republic  permission 
to  carry  away  the  mortal  remains  of  the  Archduke  Max 
imilian. 

Mr.  Lerdo,  the  Minister,  replied  that  he  would  submit 


MAXIMILIAN  311 

the  petition  to  the  President  of  the  Republic ;  and  in 
order  that  he  might  take  it  into  consideration,  the  Min 
ister  requested  the  Admiral  to  be  pleased  to  state  in 
what  character  he  made  the  solicitation. 

The  Admiral  said  that  when  he  determined  to  come 
to  Mexico,  it  was  considered  that  it  would  appear  better 
to  the  Government  of  the  Republic  that  he  should  not 
come  on  an  official  mission  from  the  Government  of  Aus 
tria  ;  but  only  with  a  private  charge  from  the  family ; 
for  the  natural  feelings  of  affection  and  piety  create 
the  strongest  desire  to  possess  and  honor  the  mor 
tal  remains  of  the  Archduke.  That  in  consideration 
thereof,  he  had  only  come  with  a  private  charge  from  the 
mother  of  the  Archduke,  and  from  his  brothers  H.  M.  the 
Emperor  of  Austria. 

In  response  to  an  observation  of  the  Minister,  the  Ad 
miral  also  remarked  that  he  had  brought  no  written 
document,  and  that  his  charge  was  given  to  him  ver 
bally.  He  added,  that  were  it  necessary,  he  was  ready 
to  state  in  writing  that  he  had  come  with  such  a  charge. 

The  Minister  concluded  by  saying  that  he  would  sub 
mit  to  him,  on  the  following  day,  the  determination  of 
the  President. 

On  the  4th,  the  same  counsel  and  the  Admiral  re 
turned  to  the  palace ;  on  which  occasion,  the  Minister 
of  Foreign  Relations  stated  to  them  as  follows: 

"  That  the  permission  to  carry  away  the  mortal  re 
mains  of  the  Archduke  had  been  asked  before,  by  Baron 
Largo,  Charge  cV  Affaires  of  Austria  near  Maximilian; 
by  Baron  Magnus,  Prussian  Minister,  near  him ;  and  by 
Dr.  Basch,  physician  of  the  Archduke.  That  the  Gov 
ernment  answered  the  three,  that  it  had  reasons  for  not 
acceding  to  their  petition.  It  so  answered,  because  the 
Government  believed  it  to  be  its  duty ;  that  in  order  to 
decide  whether  it  would  permit  the  transfer  to  Austria, 


312  MAXIMILIAN. 

of  the  body  of  the  Archduke,  it  would  be  necessary  to 
have  for  consideration,  either  an  official  document  from 
the  Government  of  Austria,  or  an  express  one  from  the 
family  of  the  Archduke,  asking  for  the  body,  from  the 
Government  of  the  Republic. 

"  That  although  the  Vice-  Admiral,  by  his  social  posi 
tion  in  Austria,  and  by  his  personal  circumstances,  is 
worthy  of  the  consideration  of  the  Government  of  Mexi 
co,  it  cannot  decide  to  permit  the  carrying  away  of  the 
body  of  the  Archduke,  considering  that  he  has  brought 
no  document  in  which  is  contained  any  of  those  two 
requisites  necessary  in  the  case.  And  that  the  President 
of  the  Republic  has  authorized  the  Minister  of  Relations 
to  say  to  the  Vice-Admiral  Tegethoif,  that  when  any 
of  the  two  requisites  are  fulfilled,  either  by  an  official 
act  of  the  Austrian  Government,  or  by  an  express  one 
from  the  family,  asking  for  the  body  of  the  Archduke, 
the  Government  of  the  Republic  will  be  ready  to  permit 
that  it  be  transferred  to  Austria,  being  governed  by  the 
natural  feelings  of  piety  through  which  the  petition  wrill 
be  made. 

"  That  the  Government  ordered  opportunely  that  the 
body  should  be  embalmed,  and  that  it  should  be  depos 
ited  and  preserved  with  the  care  and  decorum  which  a 
body  merits  ;  which  was  done  through  the  same  natural 
feelings  of  piety. 

"  LERDO  DE  TEJADA." 


Xot  many  days  had  elapsed  after  the  termination  of 
the  foregoing  correspondence  relative  to  the  body  of 
Maximilian,  when  the  same  was  transported  to  the  city 
of  Mexico,  and  deposited  in  the  San  Andres  Hospital. 
It  was  soon  observed  that  decay  was  working  so  rapidly 
upon  it,  that  it  became  necessary  to  make  some  prepa 
ration  to  arrest  its  progress.  When  the  cloth  bandages 
were  taken  off  for  that  purpose,  the  smell  of  putrefaction 


MAXIMILIAN.  313 

issuing  from  the  wounded  places  was  sickening.  It  was 
bathed  for  some  time  in  a  solution  of  arsenic,  which 
assisted  in  its  preservation  for  a  short  while ;  but  it  was 
apparent  that  it  would  not  long  be  recognizable.  The 
face  was  much  sunken  in,  and  the  whole  features  were 
gradually  changing.  There  was  a  prevailing  opinion  that 
the  Government  was  ashamed  to  let  the  world  know  the 
true  condition  of  the  corpse ;  hence  the  unwillingness 
to  let  any  one  view  it.  If  any  particular  friend  obtained 
a  permit  from  the  Government  to  see  it,  he  did  not  suc 
ceed  in  so  doing.  The  keeper  gave  some  excuse,  and  it 
so  turned  out  in  every  instance,  that  the  seeking  indi 
vidual  was  frustrated  in  his  plan.  In  fact,  I  was  in 
formed  that  the  keeper  in  charge  of  the  corpse  had 
received  positive  orders  to  allow  no  one  to  see  it,  al 
though  the  persons  presenting  themselves  there  for  that 
purpose  should  bring  written  permission  from  the  high 
est  officer  in  the  Government. 

After  the  second  process  of  attempted  preservation 
of  the  body  was  completed,  it  was  attired  in  a  suit  of 
black,  and  laid  in  a  new  coffin  made  of  granadilla  wood, 
which  was  elegantly  polished,  and  ornamented  with  a 
few  carvings. 

On  the  9th  of  November  the  corpse  was  delivered  to 
Vice-Admiral  Tegethoff  by  the  Mexican  Government, 
after  the  following  official  correspondence  in  relation 
thereto  : 

Count  Beust  to  the  Mexican  Minister. 

"  VIENNA,  Sept.  25, 1867. 

"EXCELLENCY:  A  premature  death  having  torn  the 
Archduke  Ferdinand  Maximilian  from  his  relatives,  his 
Imperial  and  Royal  Apostolic  Majesty  has  the  very 
natural  desire  that  the  mortal  remains  of  his  unfortunate 
brother  may  find  their  last  repose  beneath  the  vault  that 

14 


314  MAXIMILIAN. 

covers  the  ashes  of  the  princes  belonging  to  the  house 
of  Austria.  The  father,  the  mother,  and  the  remaining 
brothers  of  the  august  deceased  share  in  this  desire  with 
an  equal  earnestness,  as  likewise  do  all  the  members  of 
the  Imperial  family. 

"  The  Emperor,  my  august  master,  has  the  confidence 
that  the  Mexican  government,  listening  to  sentiments 
of  humanity,  will  not  refuse  to  mitigate  the  just  grief  of 
His  Majesty  by  facilitating  the  realization  of  this  desire. 

"  To  that  end,  Vice- Admiral  de  Tegethoff  has  been 
sent  to  Mexico  with  orders  to  address  to  the  President  a 
petition  for  the  delivery  to  him  of  the  remains  of  His 
Imperial  Majesty's  beloved  brother,  so  that  they  can  be 
conveyed  to  Europe.  On  my  part,  I  am  charged,  in  my 
capacity  as  Minister  of  the  Imperial  Household,  to  re 
quest  the  kind  interposition  of  your  Excellency  for  the 
object  of  securing  for  the  Vice- Admiral  the  authority 
necessary  to  that  effect. 

"  I  have  the  honor,  Excellency,  of  asking  that  you  will 
convey,  in  anticipation,  to  the  Chief  Executive  the  ex 
pression  of  gratitude  on  the  part  of  the  august  Imperial 
family  for  the  granting  of  this  petition  ;  and  accept  for 
yourself  the  expression  of  that  same  gratitude  for  the 
good  offices  which  you  may  have  to  perform. 

"  I  avail  myself  of  this  occasion  to  present  to  your 
Excellency  the  assurances  of  my  high  consideration. 

"  BEUST, 

Chancellor  of  the  Empire,  and  Minister  of 
the  Imperial  Household. 

Reply  of  Senor  Lerdo  de  Tejada. 

"  DEPARTMENT  FOR  FOREIGN  AFFAIRS,  > 
MEXICO,  Nov.  4, 1867.  f 

"  EXCELLENCY  :  Vice- Admiral  de  Tegethoff  has  deliv 
ered  to  rne  the  note  which  your  Excellency  addressed 
me  on  September  25  last. 


MAXIMILIAN.  315 

"  Your  Excellency  informs  me  therein  that  His  Ma 
jesty  the  Emperor  of  Austria  has  the  very  natural  wish 
that  the  mortal  remains  of  his  brother,  the  Archduke 
Ferdinand  Maximilian,  may  find  their  last  repose  beneath 
the  vault  that  covers  the  ashes  of  the  princes  belonging 
to  the  house  of  Austria ;  that  the  father,  the  mother, 
and  the  remaining  brothers  of  the  deceased  Archduke 
share  in  this  desire,  as  do  likewise  all  the  members  of 
the  Imperial  family ;  and  that  His  Majesty  the  Emperor 
having  the  confidence  that  the  Mexican  government  will, 
out  of  sentiments  of  humanity,  facilitate  the  realization 
of  this  request,  has  sent  to  Mexico  the  Vice-Admiral  de 
Tegethoif  to  solicit  of  the  President  permission  to  con 
vey  the  Archduke's  remains  to  Europe. 

"  Fully  impressed  with  the  just  sentiments  set  forth 
in  your  Excellency's  note,  the  President  of  the  Republic 
has  not  hesitated  to  take  measures  so  that  the  natural 
request  of  His  -Majesty  the  Emperor  of  Austria,  and  of 
the  Imperial  family,  may  be  duly  heeded  and  carried  out 
with  distinguished  consideration.  In  accordance  with 
the  dispositions  of  the  President,  I  have  made  known  to 
Vice-Admiral  de  Tegethoff  that  the  mortal  remains  of 
the  Archduke  Ferdinand  Maximilian  shall  be  at  once 
delivered  to  his  care,  in  order  to  convey  them  to  Austria, 
and  thus  accomplish  the  object  of  his  mission. 

"  I  have  the  honor,  Excellency,  to  assure  you  of  my 
most  distinguished  consideration. 

"  S.  LEBDO  DE  TEJADA. 

"  To  his  Excellency  Count  of  BEUST,  Chan 
cellor  of  the  Empire,  and  Minister  of  the 
Imperial  Household  of  Austria,  Vienna.  " 

On  the  10th  of  November,  Vice-Admiral  Tegethoif, 
several  other  Austrian  officers,  and  a  Mexican  force  of  a 
hundred  men,  escorted  the  remains  of  Maximilian  from 
the  city  of  Mexico,  and  reached  Vera  Cruz  on  the  25th, 


316  MAXIMILIAN. 

at  four  o'clock,  p.  M.  The  Ayuntamiento  of  Vera  Cruz 
met  the  cortege  at  Potrero,  about  two  miles  distant  from 
the  city,  and  returned  with  it.  The  coffin  was  deposited 
in  the  Parochial  church  until  six  o'clock  the  next  morn 
ing,  whence  it  was  removed  to  the  Austrian  war-steamer 
Novara,  en  route  for  Vienna.  The  saloon  was  draped 
in  mourning ;  in  the  centre  of  which,  a  table  covered 
with  black  cloth,  supported  the  coffin.  At  the  head 
was  erected  an  altar  bearing  a  cross  with  the  image  of 
the  Saviour ;  on  the  right,  hung  the  Austrian  flag ;  on 
the  left,  the  Mexican; — both  with  drapery  of  black 
drooped  upon  the  coffin — over  all  which  laid  a  sword. 
Around  the  coffin  stood  six  large  silver  candlesticks, 
supporting  each  a  large  lighted  wax-candle.  Two  armed 
sentinels  stood  near  by,  day  and  night. 

At  about  nine  o'clock  that  morning,  religious  service 
was  performed;  and  at  one  o'clock,  p.  M.,  the  JVbvara 
steamed  from  the  Mexican  coast  for  Havana,  arriving 
there  on  the  first  day  of  December.  The  Cuban  Gov 
ernment  had  made  extensive  preparations  for  imposing 
obsequies,  and  communicated  with  Admiral  Tegethoff 
in  relation  thereto.  The  Admiral  replied  that  his  in 
structions  would  not  permit  him  to  allow  any  funeral 
pomp. 

The  JVbvara  remained  in  that  port  until  six  o'clock, 
p.  M.,  of  the  4th,  when  she  weighed  anchor  and  sailed 
for  Austria. 

Large  crowds  of  people  had  gathered  upon  the 
wharves,  in  little  boats,  and  at  the  windows,  long  before 
the  hour  of  departure.  At  half  past  five,  the  bands  on 
the  two  Spanish  war-steamers  Gerona  and  Tetuan,  com 
menced  to  play  funeral  marches.  On  ships  and  forts, 
waved  at  half-mast  the  Austrian  and  Spanish  colors, 
wreathed  with  black  crape.  And  as  the  JVbvara 
ploughed  the  water  out  into  the  sea,  all  the  Government 
bands  united  to  freight  the  air  with  martial  funeral 


MAXIMILIAN.  3 1  >j 

notes.  The  Austrian  fleet  in  the  Levant  have  been  or 
dered  to  return  to  escort  the  Nbvara  as  she  nears  the 
Austrian  coast. 

It  will  be  remembered  that  the  Nbvara  carried  Maxi 
milian  and  Carlota  to  their  new  home  when  both  were 
m  blooming  health  and  in  high  spirits,  as  the  elected 
Sovereigns  over  many  subjects. 

But  how  changed  !     That  Emperor  is  now  a  subject 
Death !  great  proprietor  of  all."     The  humble  clay 
of  that  once  noble  chief  has  crossed  the  boundino-  main 
to  his  native  land  again,  where  father,  mother,  brother 
and  others  of  imperial  and  royal  blood,  await  its  coming 
in  mourning  and  sorrow;  where  the  heaving  sigh  and 
moistened  cheek  can  but  faintly  attest  the  depth  of 
smothered   grief;    where   the   monumental   stone    shall 
mark  the  final  rest  of  MAXIMILIAN  I. 

"Deep  for  the  dead  the  grief  must  be, 
Who  ne'er  gave  cause  to  mourn  before." 


This 


cou-SJSaa,  a-arSSE 


ornia 


VB  08990 

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